Commercial Lending combines aspects of contract, real estate, and regulatory law. Commercial loans are commonly secured by real or personal property but can also take many other forms. These loans, for obvious reasons, tend to be for much higher dollar amounts as well. Commercial Lenders include groups such as the commercial banking industry, mutual companies, private institutions, investment groups, or other “equity players”. These loans are more complex, and governed by a different set of rules than consumer loans. Contrary to popular belief, many of the consumer protection and truth in lending laws that apply to residential real estate transactions do not relate to commercial real estate loans and contracts. It is important that you are represented by an attorney experienced with the nuances of commercial lending. It is not uncommon for commercial loan documents to go through several iterations of review and negotiation by both parties prior to the loan commencement. In short, you want to be clear on what your responsibilities are to the contract, and negotiate the most favorable terms possible.


Timothy C. Leventry


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