Specialty Finance

Specialty Finance is our bread and butter.  We regularly represent (i) fintech companies and other non-bank originators of financial products and (ii) private equity firms, hedge funds and other financial institutions providing capital to such originators.  We have extensive experience structuring and negotiating asset-based loan facilities (a.k.a. "warehouse lines") collateralized by pools of homogenous or semi-homogenous collateral assets such as small business loans, factored receivables and merchant cash advances, consumer loans, auto warranty contracts, patents and licensing rights, mortgage loans and SFR properties, non-performing loans, microloans in emerging markets, and structured settlements.

 

Services we provide to our specialty finance company clients: 

  • structure and negotiate all definitive documentation relating to warehouse lines, forward flow agreements, and receivables and purchase agreements

  • provide customary legal opinions in NY, CA, FL, CO and DE (corporate opinions), non-consolidation opinions, and true sale opinions

  • draft underwriting and servicing policies and procedures

  • draft form origination documents

  • assist with all aspects of implementing a back-up-servicer

Services we provide to lenders to specialty finance companies: 

  • assist with due diligence including conducting background checks, evaluating insurance coverage, flagging regulatory issues requiring regulatory diligence, and reviewing policies and procedures and program documents  

  • structure and negotiate all definitive documentation relating to warehouse lines, forward flow agreements, and receivables and purchase agreements

  • assist with appointing a backup servicer or transitioning to a primary servicer

  • assist with obtaining or triggering deposit account control agreements

  • document amendments, default notices, waivers, and forbearance agreements