Boylan Brown

Banking Law


Professional Service for Financial Institutions

In order to meet the complex needs of financial institutions, Boylan Brown attorneys work as individuals, and as a team, to bring a variety of special competencies together to meet individual client needs. The following areas of expertise are often tapped on behalf of our financial clients:

  • banking
  • institutional lending and real estate
  • workouts and bankruptcy
  • bond financings
  • trusts and estates
  • mergers and acquisitions
  • taxation and employee benefits
  • general business
  • litigation
  • securities
  • environmental law
  • employment law


Banking


Our firm’s expertise in handling all aspects of the complex statutory and regulatory environment constraining financial institutions today enables us to assist our clients with product development (including loan programs, deposit account products, and other compliance materials); portfolio analysis, and compliance.

Our thorough knowledge of the Federal Reserve Board’s and other agencies’ many mandates, including their broad collection of directives concerning consumer protection, institutional governance, and other issues, enables us to help our clients develop products which are speedily completed and approved ... and readily marketable.


Institutional Lending and Real Estate


Representation of institutional lenders has been a major focus of our firm’s practice since its founding. Our experience representing lenders, borrowers, buyers, sellers, developers, and municipal authorities in a broad range of transactions (including residential and commercial acquisition, development, sale, and financing) enables us to identify and resolve issues quickly and successfully. Our expertise is particularly valued by those clients who solicit our participation from the earliest stages in the process of structuring and planning transactions through project closings.

Boylan, Brown has extensive experience in the representation of institutional lenders in a wide variety of secured and unsecured loan and credit facilities, including term loans, term/lease lines of credit, revolving credit facilities and demand facilities, to name a few. We have represented lenders in connection with the issuance of letters of credit and other credit enhancement devices. These loan and credit facilities have financed a wide range of activities from working capital to equipment leasing and acquisition to new facility construction.

Our extensive experience in the secondary mortgage market has made us a valuable member of the legal team for mortgage bankers, life insurance companies, commercial banks, savings banks, and credit unions. Key to our performance is our ability to handle all types of loan transactions and lending relationships -- from the most straightforward to the most complex. We regularly represent clients in the following endeavors, being ever mindful of the fact that the borrower is our client’s valued customer:

  • lender liability issues
  • loan restructures
  • portfolio loans
  • sales to governmental entities
  • commercial, FHA-insured, VA guaranteed, SONYMA
  • multi-creditor loans
  • non-real estate asset-based loans
  • unsecured loans
  • wrap-around mortgages
  • subordinated debts

At Boylan, Brown, we understand the importance of a prompt, efficient, and high quality closing program for institutional lenders, and have both the staff capacity and operational flexibility to ensure client satisfaction in this regard.

Our residential closing area utilizes customized software programming to laser-generate various legally required lending program documents as well as forms which we have custom designed to fit our clients’ particular programmatic and servicing needs.


Workouts and Bankruptcy


Our firm has a solid and well-respected practice in the area of bankruptcy, commercial litigation, workouts, and secured transactions with special emphasis on the representation of lenders, commercial creditors, and businesses involved in bankruptcy proceedings and loan restructures. We regularly and successfully represent lenders in complex Chapter 11 proceedings, and in non-bankruptcy workout or restructures.


Trusts and Estates


Our extensive estate planning practice incorporates a strong emphasis on business continuity and intergenerational wealth transfer. Our computerized Will and Trust packages provide sophisticated methods for tax planning and flexibility to meet family needs. Our estate lawyers also have substantial experience in advising banking and lending institutions and other entities in properly administering their relationships with their customers or members which are trusts or estates or who have related involvements.


Bond Financings


Our firm has extensive experience in matters involving both taxable and non-taxable public purpose and private activity bond financing arrangements. Our clients have included project beneficiaries, private and commercial lenders, providers of credit enhancement facilities, and issuers. We are also well-versed in initiating the bond financing process, drafting and negotiating operative financing and documentation, and the efficient closing of multi-party transactions.

Boylan, Brown is listed in the Red Book as nationally recognized bond counsel.


Mergers and Acquisitions


At Boylan, Brown, we are experienced in guiding companies through mergers and acquisitions on both sides of such transactions and have worked extensively with our lender clients in evaluating the impact of a borrower’s merger or acquisition on its loan, and mitigating any potential consequences for the lender.


Banking Law