Overview
You need experienced and responsive legal counsel you can turn to for help with the complex issues you face. You need litigation counsel who understand commercial lending and servicing.
In today’s dynamic financial landscape, lenders, servicers, and financial institutions face commercial lending workout and enforcement challenges—complex disputes with sophisticated, often aggressive counterparties—requiring experienced counsel with extensive industry knowledge and a record of success.
Alston & Bird’s Commercial Lending & Servicing Litigation Team stands at the industry’s forefront, partnering with our transactional, bankruptcy, tax, and regulatory colleagues to represent you nationwide.
Who We Serve
Our clients include national and regional banks, nonbank lenders, loan servicers, commercial mortgage-backed securitization (CMBS) participants, and fintech companies. We understand the business realities of lending and servicing and tailor our strategies to your objectives.
Practice Strengths
- Loan Enforcement & Workouts. Representing lenders and servicers in mortgage and mezzanine loan defaults, restructurings, workouts, and enforcement actions, including judicial and nonjudicial mortgage and mezzanine foreclosures, federal and state court receiverships, and guaranty litigation, spanning the multifamily, retail, office, and hospitality sectors.
- Servicing Disputes. Assisting with the business of servicing, including servicing standard compliance, default servicing, PSA and intercreditor agreement analysis, investor inquiries, and litigation.
- CMBS, CLO & Structured Finance Litigation. Representing CMBS servicers in pooling and servicing agreement, intercreditor, cash management, loan reserve, indemnification, trust wind down, CDO, CLO, and directing certificate holder matters.
- Lender Liability Defense. Counseling and defending against allegations of lender liability.
- Title Insurance, Lien Priority & Collateral Disputes. Expertise in title insurance issues and in contested lien priority disputes, title defects, and collateral recovery matters.
- Regulatory & Compliance Litigation. Guiding through disputes arising from regulatory investigations, enforcement actions, and compliance challenges under federal and state law.
- Bankruptcy & Insolvency Litigation. Protecting creditor interests in bankruptcy court and adversary proceedings, maximizing recovery and enforcing the lender’s rights.
Our Approach
Every matter is unique. We combine aggressive advocacy with pragmatic counsel, focusing on efficient solutions that protect your bottom line. Our team leverages advanced litigation technology, rigorous case analysis, and seasoned trial skills to deliver results where it matters most.
We pride ourselves on clear communication, transparency, and client education. From pre-litigation strategy to post-trial enforcement, we are dedicated to keeping you informed and empowered throughout the process.