Banking, Financial, and Securities.
Experienced Financial Legal Guidance
Michigan and the Federal Government broadly and highly regulate financial transactions and planning.
And we can assist clients navigate some of the most complex banking and finance matters.
Whether client's are involved a lending, syndication, or a secured transaction matter it is important for every client to have the assistance to match their goals.
Let's discuss how the attorneys at Zamzow Fabian PLLC may help maximize results and minimize the risk.
Beginning early discussions is key to efficient assessment of your plans and objectives.
Secondary market origination for multifamily transactions are at times popular, it is just one of many financing options at your disposal. Be prepared to encounter the Truth In Lending Act.
Zamzow Fabian PLLC offers mediation services between clients and their collection attorneys as part of our traditional representation to facilitate efficient recovery.
Working with your commercial lender often requires opinion letters and diligence to close on the loan. An attorney will assist you in keeping your disclosures truthful and accurate.
Protect your loans with collateral and contracts.
Commercial Real Estate Finance
There is an optimal lending model for nearly every real estate plan, working with counsel early will help facilitate financing, and ensure the client doesn't prematurely close a financing option.
SEC regulations are implicated in nearly every transaction involving individuals, business, and money or expectancy of money. Defining when it is or isn't (exceptions) is about as difficult as defining a "security".
Anytime money, goods, equipement, or inventory exchanges hands with the expectancy of repayment in any form, best practices include thoroughly researching the recipient and securing your interest.
Although most individuals and businesses treat the administration and execution of financial records and demands as an informal routine matter, in many cases the situation is deceivingly complex and judicially enforceable against an otherwise innocent party if handled incorrectly.
Whether your matter involves a garnishment or UCC filing, move timely and accurately—from principal action to third-parties.
Fannie Mae, Freddie Mac, HUD, etc. Multifamily transactions originated by the secondary market are attractive financing instruments for many reasons.
Zamzow Fabian PLLC has experience representing clients in matters ranging from simple executions to complex transactions.
Our attorneys understand each agency’s specific requirements and have the skills to navigate these complexities.
Areas of representation include: construction and permanent loans, leasehold financing, bond financing, affordable transactions and subordinate debt, senior housing transactions and other specific products.
Outside Counsel. We understand that the collection of outstanding debt is an important part of any successful business.
Our lawyers are well connected and can find the most efficient and professional debt collection attorneys to file garnishments, liens, and exercise property seizures.
Garnishment. Contrary to popular belief garnishments are not informal nor are they routine business matters.
Wise employers must consult with advice of counsel.
A writ of garnishment is a complex and judicially enforceable.
Failing to administer the garnishment as a garnishee defendant is severe: by not acting timely and accurately a default judgment against the employer for the full amount of the debt can be entered by the creditor.
As an employer you must be nimble and prepared to consult with your trusted counsel, it may be wise to take action before a garnishment arises by creating a plan with your attorney now.
Lenders and Borrowers. We represent businesses and individuals in a wide range of issues, including secured and unsecured transactional matters, loan origination, evaluating and documenting transactions (opinion letters), and loan workouts.
Commercial Real Estate Finance
Real Estate. We represent clients, or will find outside counsel, in a variety types of complex financing transactions including, Acquisition and Development Loans, Construction Loans, Secured and Unsecured Lines of Credit, Preferred Equity Transactions, Syndication (Private Offerings), Mezzanine Loans, Affordable Housing Loans, Bond Financing, and Tax Increment Financing.
SEC. Pursuant to the Securities Act of 1933, any offer to sell an interest in the form of a security must be registered unless the offering meets an exception.
Three exemption rules are found under Regulation D.
Exemptions allow some companies to offer and sell its securities without also needing to register (beyond certain filings).
Other times, in certain circumstances, syndication outside of the SEC is not an option, and during initial offerings, filing with the SEC is mandatory.
Following these exemptions is key to complying with state and federal law, without exact compliance, registration is necessary.
Each investor offering is unique and requires detailed information to fully understand the complete matter; your attorney must understand your end goal, as well as your plan to truly provide valuable assistance.
Take a look at the SEC regulations to determine what your offering requires.
Uniform Commercial Code Article 9. Generally, UCC Article 9 applies to transactions that create an interest in personal property, fixtures, agricultural property, and intangible accounts.
Collateral ensures you get paid in property or in money, proper filings will preserve your priority and minimize your loss in the event of default.
Any time a party loans money to an individual or business, with the expectation that anything will be substituted for money on default be sure to record your interest.
Failing to properly record your interest can result in total loss of return on the loan.