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Secured Lending

Commercial Real Estate Secured Loan Transactions

Due in large part to his business education and prior employment in the finance industry, Andrew understand the lender’s interests and goals in a commercial real estate secured loan transactions (CREL).  He is adept at incorporating those ideas into the necessary and desirable legal agreements and instruments for execution.  Andrew finds satisfaction in representing several local community and regional banks. He regularly represents lenders’ interests in CREL transactions, both traditional and structured, utilizing derivative instruments.  These loans are often made for the purpose(s) of acquisition, development, construction, or investment.  They may be fixed, variable, term, revolving, construction to permanent, or line of credit facility.  They may be secured by a single or multi-tenant building, office park, condominium, tenant-occupied retail, industrial, multi-family housing, golf course, IORR, cellular communication tower, or a combination of properties and interests.


Workout and Recovery

Whether due to changing circumstances for a borrower or a decline in the economy as a whole, every successful lending institution will be faced with one or more delinquent loans at some point.  Complex legal issues arise involving workout and recovery.  Mr. Mertz’s breadth of experience serving a variety of lenders in these circumstances provides a unique perspective and uncommon wisdom beneficial to the client.  The firm is frequently called on to represent lenders in workouts, collection, foreclosure, confirmation, bankruptcy, and settlement.


Representative Transactions

A representative list of transactions recently facilitated by the firm includes:

  • Lender counsel for $15,000,000 acquisition and development loan to commercial developer
  • Lender counsel for $6,000,000 IORR bank loan secured by 107 properties lying in various counties throughout the Atlanta MSA.
  • Lender counsel for $8,000,000 acquisition and rehabilitation construction loan to purchaser of retail shopping center
  • Lender counsel for $10,000,000 master revolving line of credit extended to mortgage company to table fund mortgage loans
  • Purchasing bank counsel for negotiation and acquisition of $30,000,000 CREL portfolio of another lender
  • Borrower counsel for $30,000,000, $24,000,000 and $12,000,000 simultaneous closing construction loans
  • Lender counsel for variety of loan modifications and renewals



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