Gregg & Valby, LLP

Transactional Practice

Corporate and General Business

Representation of individuals, privately held corporations, publicly held corporations, and all manner of business entities in a wide variety of business transactions, which representation includes participation in business negotiations as well as preparation of the underlying documentation with respect to matters such as:

  • acquisitions and sales of businesses involving both stock and asset transactions;
  • private financings;
  • venture capital transactions;
  • planning and organization of new business entities, including corporations, limited liability companies, limited partnerships, general partnerships, and joint ventures; and
  • employment matters, including preparation of employment agreements and consultation with clients on a variety of other employment-related matters.

Mortgage Lending and Regulatory Compliance

Representation of banks, credit unions, affinity groups, and mortgage banking and mortgage brokerage firms in the nationwide origination and documentation of residential real estate loans; mortgage licensing; loan product development and compliance; policy and procedure development; and preparation of initial disclosures.

Representation of banks, credit unions, affinity groups, and mortgage banking and mortgage brokerage firms in the origination and documentation of residential real estate loans in all matters relating to compliance with governmental regulations affecting the mortgage lending industry, including the following:

  • Monitoring all federal and state laws and regulations in all jurisdictions for changes affecting the mortgage industry;
  • Monitoring the guidelines of major secondary market investors and insurers, including Fannie Mae, Freddie Mac, Ginnie Mae, FHA, and VA, for any document changes;
  • Notifying clients of relevant legal and regulatory changes that may affect their loan programs, disclosures, and documents;
  • Ensuring that all loan documents prepared by the Firm satisfy applicable federal, state, regulatory, lender internal policy, and investor requirements; and
  • Providing client support in handling compliance issues.

Representation of banks, savings and loan associations, and other financial institutions, in warehouse lending transactions, including the following:

  • Preparation and review of warehouse facility documentation, including the following:
    • Master Repurchase Agreement;
    • Participation Agreement;
    • Custodial Agreement;
    • Bailee Letter; and
    • Electronic Tracking Agreement
  • Consultation regarding form, structure, and enforceability of warehouse models;
  • Negotiation of warehouse line terms;
  • Preparation of opinion letters on behalf of mortgage bankers;
  • Fulfillment services, policies, and procedures; and
  • Familiarity with SRG software.

Representation of banks, credit unions, affinity groups, and mortgage banking and mortgage brokerage firms in the origination and documentation of residential real estate loans in the following:

  • Affiliated Business Relationships
  • Broker and Correspondent Purchase Agreements
  • Branch Manager and Loan Originator Agreements
  • Compliant Marketing Agreements and Strategies
  • Licensing and Agency Approvals
  • Title Documentation
  • Default Management and Loss Mitigation
    • Loan Modifications
    • Restructuring
    • Work-Outs
  • Landlord – Tenant disputes
  • On-Site Custom Training

Our Compliance and Technical Services Departments work closely with our clients to ensure the integrity and consistency of the clients’ loan products. Equipped with the latest in hardware and software technology, our programmers are able to quickly and efficiently implement modifications and new loan programs resulting from growth and policy or regulatory changes. Our technology also allows for Section 32 analysis and error reporting, as well as the ability to generate HMDA required data. We represent and warrant that matters of state and federal regulatory compliance will be carefully monitored and literature describing relevant issues will be distributed at appropriate times as described below. Our attorneys frequently work with our clients in the development and documentation of new loan products and programs.

Real Estate, Banking, and Lending

Representation of banks, savings and loan associations, other financial institutions, and individuals in negotiating, structuring, documenting, and closing a variety of loans, including real estate acquisition loans, construction loans, commercial lines of credit, and corporate acquisition loans;

Representation of financial institutions in the negotiation and documentation of loans for the development and construction of office buildings, shopping centers, apartment buildings, condominiums, hotels, home and townhome developments, subdivisions, and special purpose developments;

Representation of lenders and borrowers in all aspects of commercial and residential loan workouts, including the negotiation and documentation of settlement and modification agreements;

Representation of developers in all aspects of real estate projects, which representation may include assisting the developer in the choice and organization of an appropriate development entity, negotiating equity and short term and long term debt financing, preparing and negotiating construction and professional contracts, preparing and negotiating leases and sale documents, and furnishing general legal advice;

Representation of corporations, investment groups, and individuals in the acquisition and sale of improved and unimproved real estate; and

Representation of financial institutions in connection with general legal matters, including consultation on questions concerning compliance with various governmental regulations, the development and revision of forms to be used by clients, and foreclosure of security interests in problem loans.