Banking/Real Estate and Corporate Practice
Mohrman Kaardal & Erickson’s attorneys have substantial experience representing banks and financial institutions. Our lawyers have counseled banks through loan documentation, troubled loans and workouts, bankruptcy and regulatory and compliance issues. Our lawyers have also represented banks and financial institutions in litigation ranging from loan workouts, bankruptcy and state court collection litigation to regulatory litigation. Our lawyers have experience representing banks in the following areas:
- Loan Workouts, Bankruptcy and State Court Collection Litigation
- Commercial Lending and Loan Documentation
- Real Estate and Mortgage Lending
- Regulations Z and TILA
- Regulation E and Article 4A of the Uniform Commercial Code
- Articles 2A, 3, 4, 8 and 9 of the Uniform Commercial Code
- Regulation C and the Home Mortgage Disclosure Act
- RESPA and Regulation X
- Bank Holding Company Act
- The FDCPA and the FCRA
- Gramm Leach Bliley, the Bank Secrecy Act, the USA Patriot Act and Anti-Money-Laundering
- Equal Credit Opportunity Act
Bankruptcy, Workout, and Restructuring Practice
Bankruptcy, workout and debt restructuring are unavoidable in today’s business world and is a necessary subset of our banking practice. Mohrman, Kaardal, & Erickson has extensive experience representing secured lenders and unsecured creditors in all phases of distressed transactions and the use of judicial process to enforce the rights of creditors. The following is a sample of the types of matters that we regularly handle on behalf of creditors:
- Commercial loan workout negotiations
- Debt restructuring and loan amendment documentation
- Foreclosure, replevin, emergency relief and other state court collection litigation
- Equipment finance disputes
- Inventory lending disputes
- Sale and acquisition of distressed assets
- Distressed real estate
- All phases of Chapter 11 Bankruptcy proceedings
- All phases of Chapter 7 Bankruptcy proceedings
- State court receiverships
Real Estate Law Practice
Mohrman, Kaardal & Erickson has experience with multimillion dollar commercial and residential real estate transactions. For example, Mohrman, Kaardal & Erickson represented the buyer in the acquisition of the Rand Tower in downtown Minneapolis. In our real estate practice we assist our clients in acquiring and developing improved and unimproved commercial and residential parcels in Minnesota and Wisconsin. In the course of this representation we have drafted all manner of real estate contracts including real estate development agreements, purchase agreements, contracts for deed, options, licenses and leases. We also prepare loan documents and conduct closings for borrowers and financial institutions.
Mohrman Kaardal & Erickson also represents clients in property tax, special assessment and other regulatory proceedings, and assists its clients in obtaining governmental approvals for subdivisions and other land use issues.
Mohrman Kaardal & Erickson represents numerous commercial and multi-family property management companies in all manner of legal issues, including lease negotiation, negotiation with contractors and disputes with and between residential and commercial tenants.
We also assist our clients in forming business entities which shield our clients from liability and provide for the orderly transition of land to our clients’ heirs. We also assist our construction clients in drafting construction contracts and enforcing them through litigation. See Corporate Law for more information on these practice areas.
Mohrman, Kaardal & Erickson attorneys have handled construction law matters and tried numerous cases stemming from virtually all aspects of construction projects. Representative clients include owners, general contractors, subcontractors, designers, construction managers, construction engineers and material suppliers. Our trial lawyers also possess vast experience in enforcing real estate contracts for lending institutions, title insurance companies and individuals. Our trial lawyers have tried many cases involving real estate issues, including countless mechanic’s lien cases to conclusion in the District Courts and have argued cutting edge real estate cases in front of the Minnesota and federal appellate courts.
Corporate Law Practice
Mohrman Kaardal & Erickson attorneys have handled numerous complex corporate transactional and regulatory commercial law matters in the course of our representation of Financial Institutions, Insurance Companies, and non-publicly traded closely held corporate clients. Mohrman Kaardal & Erickson regularly assists its corporate clients with a wide variety of transactional assistance, including: the purchase and sale of real & personal property, development agreements, asset purchase agreements, stock purchase agreements, buy-sell agreements for closely held corporate clients, negotiation of contracts with critical vendors, drafting of employment contracts for employees and officers, escrow agreements, stock pledge agreements, and options. We pride ourselves in our intelligent negotiating which helps foster, rather than impede, our client’s objectives while vigilantly protecting our clients from liability.
In addition to assisting our corporate clients with their transactional business needs, Mohrman Kaardal & Erickson is regularly called upon by its corporate clients to assist them in ensuring that their corporate operations and procedures are in conformance with existing law. We have researched, outlined, and presented on numerous regulatory topics to our financial, insurance and closely held corporate clients on many occasions. We regularly assist our closely held corporate clients without in house counsel with the basic regulations which govern their business, and regularly write opinion letters for our in house counsel corporate clients on very complex issues, such as antitrust issues or franchise issues when a trusted outside legal opinion is needed. We also regularly assist our clients when, despite their best efforts, they run afoul of various state and federal regulations in the states in which they operate.
In addition to being involved in transactions, our attorneys have litigated complex corporate law issues as well as disputes between shareholders of closely held corporations. Mohrman Kaardal & Erickson looks forward to continuing to assist our clients in growing their businesses and providing intelligent solutions to complex business problems.