Denver business owners facing loan workouts often need guidance on corporate governance. If you have a distressed property, are facing foreclosure, or have a balloon payment coming due on a commercial property, turn to the real estate attorneys at Downey & Associates. Our experienced lawyers can help you explore options including loan workouts, loan restructuring or modifications, additional sources of funding, and other options to help you regain your financial footing. We represent clients in Denver, all Colorado communities, and across the nation.
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Our firm represents developers, builders, contractors, hotel and resort owners, construction managers, real estate investors, retail or commercial property owners and others who need repayment options for a commercial property loan. Contact us for more information.
While the credit market may be tough, options do exist for owners of distressed properties. Our experience as real estate and business law attorneys, has us versed in the most common alternatives, but we can often present additional innovative solutions. We can help you leverage the new federal guidelines for commercial real estate loan workouts.
Our lawyers help clients explore options including:
To speak with one of our knowledgeable real estate attorneys today, call 303-813-1111 or contact us online. We can help you determine whether a loan workout is the optimal solution for your circumstance. If it is not, we can present other creative alternatives to help you avoid foreclosure.
A loan workout involves negotiating with lenders to modify the terms of a loan, aiming to make repayment more manageable for the borrower. A loan workout attorney can assist by evaluating your financial situation, negotiating with lenders on your behalf, and ensuring that the terms of the workout are favorable and legally sound. In Denver, our experienced loan workout attorneys are ready to help you navigate this complex process.
If you are facing financial difficulties and struggling to keep up with loan payments, it might be time to consult a loan restructuring attorney. These legal professionals can provide guidance on restructuring your loan terms to avoid default and foreclosure. Our Denver-based loan restructuring attorneys have extensive experience in negotiating with lenders to achieve the best possible outcomes for our clients.
A pre-negotiation agreement sets ground rules for discussions so the parties can exchange information without those statements being used as admissions. It typically confirms that no binding modification exists until a definitive agreement is signed, and it may address confidentiality and access to collateral data. A standstill agreement pauses certain enforcement actions for a defined period while the parties test restructuring options. These tools create space to evaluate forbearance, term extensions, or rate changes without escalating litigation. Lenders and regulators emphasize prudent accommodations when it makes economic sense. Industry guidance and references explain how pre-negotiation and standstill periods fit into a broader workout strategy.
In securitized loans, a pooling and servicing agreement governs who makes decisions and when a loan transfers from a master servicer to a special servicer. After a transfer event like a default, the special servicer must act under a servicing standard designed to protect all certificate holders, not just the borrower or any single investor. That can make consent rights, valuation, and control provisions more formal and process driven. Timelines may be slower due to reporting requirements and third-party approvals set out in the PSA. Understanding the PSA and the special servicer’s duties helps set realistic expectations in negotiation. Public PSAs and market coverage outline these roles and standards.
Colorado statutes detail notice, cure, sale scheduling, and other steps that shape the practical window for negotiating. Knowing when the notice of election and demand is recorded, when sale dates can be continued, and when rights to cure apply helps you time proposals. The same statutes authorize receivers in certain cases, which can shift property control and cash flow during disputes. These procedures influence urgency, documentation, and interim operating plans in a workout. Borrowers who track these milestones can present credible alternatives before irreversible steps occur. The Colorado foreclosure and receivership provisions provide the legal framework for this timing analysis.
If you need a loan workout in Denver, the first step is to consult with a knowledgeable loan workout attorney. At Downey & Associates, PC, we offer comprehensive legal services to help you through the loan workout process. To get started, contact us for a consultation and let our experienced attorneys guide you toward a workable solution.