Stark regularly represents clients regarding specialty finance, SBA lending, asset-based lending, commercial and custom lending (secured or unsecured), commercial capital, commercial card, real estate, finance real estate and land use, consumer and small business banking, auto lending, home lending, CRE and securitization, treasury management-related matters, wealth management-related matters, lease finance, ATM leases, project finance, public finance, syndicated finance transaction, and regulatory compliance.

Our range of services is broad, and we have significant depth in each of these concentrations over a wide range of industries and a broad array of capital structures.

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Stark attorneys regularly represent national and regional financial institutions in the arrangement, negotiation, and documentation of syndicated and single-lender, asset-based credit facilities.

Through all our offices, from New York to Philadelphia, Washington, D.C., Atlanta, Miami, Houston, and Los Angeles, we provide a highly coordinated team of lawyers and paralegals to assist our banking clients in asset-based lending transactions across the United States.

We span industries and products, including specialty lending, equipment finance, aviation, maritime, floor plan financing, and purchase and leaseback financing.

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Stark focuses on representing financial institutions in all aspects of real estate financing transactions. We represent clients in transactional matters that include traditional mortgage portfolio lending, SBA lending, construction lending, mortgage origination for commercial mortgage-backed securities conduit lending programs, mortgage loan securitizations, loan servicing and defeasance matters, mezzanine lending, real estate investment trusts, and equity funds investing in real estate. We also regularly serve as agent’s counsel in syndicated real estate loan transactions.

Stark attorneys also have specific experience in agency lending transactions involving Fannie Mae, Freddie Mac and the Federal Housing Administration, mortgage banking and mortgage brokerage services and letter of credit backed construction bond transactions. Our attorneys have extensive experience in transactions involving all types of commercial real estate, including office, retail, hotel, warehouse/industrial, multifamily, condominium, resort, and ground-leased properties.

In addition, we have represented financial institutions in builder and warehouse lines for the development of large residential real estate projects with closed transactions throughout the United States. Stark attorneys collaborate to address related real estate issues such as zoning, insurance, construction contracts, leasing, and environmental matters, which are regularly included in specialized real estate lending transactions.

In addition to assisting clients in real estate lending transactional matters, we represent financing institutions and other lenders in loan modifications and complex debt restructurings, loan workouts (including forbearance agreements and deeds in lieu), mortgage foreclosures, loan sales, liquidation of real estate owned properties (REO), and real estate portfolio sales. We also regularly provide guidance in connection with bankruptcies, receiverships, and creditor’s rights litigation involving real estate, and counsel a variety of clients in connection with lender liability issues as well as other related matters.

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Whether structuring a transaction or engaged in litigation, our banking clients demand results. You can count on responsive, comprehensive legal support in all forms of disputes, including complex and high-stakes litigation, as well as knowledgeable guidance when negotiating transactions. Stark regularly handles post-judgment collection and replevin actions, mediation and arbitration, commercial litigation, financial services litigation, consumer lending litigation, wealth management litigation, consumer, commercial and small business banking litigation.

From litigation avoidance to the strategic resolution of claims in state and federal courts, administrative and regulatory proceedings, and all forms of alternative dispute resolution, our attorneys have the experience and insight to protect and advance your goals. We don’t view cases in a vacuum, and we never litigate for litigation’s sake. We are accomplished advocates in a courtroom, but when avoiding a trial will produce a better result, our attorneys have the experience and confidence to create the most favorable process and outcome for you.

Stark’s long history of representation of financial institutions has prepared the firm well to stand with its clients in meeting multi-faceted and unprecedented challenges. Because we understand the business, our attorneys are called upon by financial institutions to meet these challenges.

Below is a sampling of the broad array of claims that our financial institution clients face, simply as a result of their day-to-day business activities:

• Contract disputes
• Confessions of judgment
• Loan workout, receivership, and lender liability actions
• Disputes under Articles 3, 4, and 4A of the Uniform Commercial Code, including fraudulent endorsements and fictitious payees
• Failed asset securitizations and defaulted syndicated loans
• Intercreditor disputes, including issues relating to the perfection and priority of security interests, and the interpretation of lien or payment subordination agreements
• Responding to breach of privacy claims by bank customers
• Conversion claims relating to consumer and commercial deposit accounts, and application of Nacha rules and regulations.

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In up markets and down economies, real estate remains an essential asset for businesses of all sizes and in all industries. To help maximize the return on these assets and reduce potential risks, financial institutions require legal counsel with a significant body of experience on all sides of real estate transactions and financings.

We handle matters across the United States, representing financial institutions for which real estate is a major concern. In addition to advising clients on traditional real estate matters, financing and dispute resolution, we have developed particular areas of concentration in homeowners’ associations and condominium law, specialty leasing and leasing litigation, management of multistate portfolio transactions, acquisition and disposition of multifamily housing assets, representation of real estate investment trusts and joint ventures, and distressed real estate and workouts.

From our offices across the country, we advise clients on zoning, eminent domain issues, development, and environmental aspects of a potential site, and assist our banking clients in real estate acquisition transactions and leasing and/or financing for development projects. We can provide such geographically and professionally wide-ranging assistance to our clients because our team-oriented land use practice has allowed us to establish individual relationships with state and local governing bodies, developers, homeowners’ associations, and other civic groups.

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The real estate market creates both challenges and opportunities. From the first hint of trouble for a lender with real estate assets on a watch list, or for an owner who has real estate floundering through workout, bankruptcy, or litigation, Stark provides a highly skilled, integrated team of transactional, bankruptcy and litigation lawyers to take problem real estate assets and turn them into income-producing successes for our banking clients.

Our capabilities include:

Pre-workout Services

For our lender clients we perform pre-workout and pre-litigation collection analyses for troubled loans, loan portfolios, and lender liability avoidance by utilizing the experience of our seasoned real estate practitioners. Our team regularly assists clients in performing rapid due diligence reviews for key components.

Workout

In troubled real estate workouts, we help our clients identify and implement a wide array of solutions for their specific needs. We assist both our lender and borrower clients with all aspects of loan workouts, including forbearances, loan modifications, project entitlement and development issues, and negotiations to bring the lender, borrower, and other interested parties together to successfully restructure and document their deal.

We also provide counsel in all types of real estate matters in bankruptcy, including single-asset real estate case issues, adequate protection of the lender’s interest in collateral, stays against lien enforcement, valuation of collateral, and restructuring loan terms through a confirmed plan of reorganization.

Often, as a sub-set and in direct relation to bankruptcy, we also routinely negotiate and prepare workout and forbearance agreements for secured lenders, and can quickly prepare such agreements with little notice from the client. We are familiar with all aspects of workouts and forbearance terms.

Enforcement/Collection Actions – Asset Recovery

When enforcement actions are necessary, our collaborative team of skilled lawyers work closely and efficiently to pinpoint the most effective remedies for our lender. Stark attorneys regularly handle a variety of matters, including judicial and non-judicial foreclosure proceedings, deeds-in-lieu, receivership actions, deficiency collections, confessions of judgment, post-judgment collection and replevin actions and related litigation. We defend lenders against lender liability claims, countersuits, and other claims arising from distressed real estate loans, in both state and federal courts across the numerous jurisdictions nationwide.

Stark combines the firm’s strengths of commitment to delivering value that exceeds expectations and our national geographical reach, to provide a comprehensive collection service to meet the needs of any lender client seeking to collect on deficiency claims and the like. Unlike a collection agency or many other law firms, Stark is organized to take a deficiency claim from the pre-litigation, demand-letter stage through litigation and post-judgment recovery, if necessary.

We have the knowledge and resources to efficiently and successfully collect large accounts that are delinquent. Stark represents clients in many different types of commercial and debt collection matters. These matters include actions to collect debts owed under loan agreements, retail installment contracts, negotiable instruments, promissory notes, and goods sold and delivered.

We file actions seeking judgments, including confessions of judgment, against business owners and other third parties on personal guaranties of corporate debts. The firm also has extensive experience representing creditors owed balances, including filing replevin actions.

Foreclosures

On a national basis, Stark has represented banks and other financial services companies in connection with foreclosure matters, both commercial and residential, since the firm’s founding in 2003. As such, it is familiar with the process of quickly moving uncontested residential and commercial foreclosures through judicial and non-judicial processes throughout the country.

We have litigated over many defendants’ efforts to contest, and thereby prolong, the foreclosure process. We are well equipped to suppress defenses and strike answers that are not germane to the foreclosure. We are also experienced in prosecuting so-called “strict” foreclosures, negotiating deeds in lieu of foreclosures and workouts, applying for rent receivers, and executing on absolute assignments of rent without resorting to time-consuming and expensive applications to the court.

We have never delegated the work of lawyers to paralegals, never exposed our clients to liability, reduced our clients’ mortgages to unenforceable mortgage interests, or subjected our clients to adverse publicity. At Stark, we believe it is our mission to exceed client expectations in every case, and this can never be achieved unless we remain loyal to our core values.

Evictions

In connection with our foreclosure practice, the firm has successfully litigated commercial and residential evictions, representing landlords and REO creditors in the following areas: (a) residential leases involving Section 8 tenancies, (b) residential leases involving other subsidized housing issues, (c) commercial leases, (d) non-payment of rent, (e) forfeiture, (f) safety, (g) quiet enjoyment, (h) damage to property, (i) security deposit disputes, (j) holdovers, and (k) criminal activity and criminal convictions. Our substantial eviction experience includes representing landlords in the abandonment of property, eligibility for reduced rent, and actions seeking damages relating to such tenancies.

UCC Litigation

Uniform Commercial Code (UCC) litigation often revolves around the secured creditor’s effort to negotiate a voluntary repossession of the business assets or, in the alternative, a temporary restraining order application with the court and a motion for a prejudgment writ of attachment.

UCC litigation in this field also relates to enforcing the rights of a secured creditor under UCC section 9-406, in connection with the enforcement of the rights granted in accounts and account receivables as collateral. We have assisted commercial lenders in replevin actions involving other assets, such as aircraft, boats, office equipment, motorcycles, trucks, and cars.

Our approach is to take expedient action to avoid situations in which the assets have been diluted in value or have been fraudulently transferred to other businesses. We have often litigated these issues successfully for secured creditors, as well as many other aspects of the UCC. We are also regularly called upon in a consultative capacity to advise on various UCC issues for our clients. This includes presenting UCC seminars to bankers and credit officers.

Our firm’s concentrated capabilities include debt transactions such as secured lending transactions, subordinated debt, loan restructuring, and loan syndication and trading. Our commercial litigation experience includes all areas of lender liability, defense of consumer fraud claims and litigation, including class actions, and UCC and secured transactions litigation.

REAL ESTATE OWNED ASSETS (REO) 

In the event an asset is held, post-foreclosure or post-deed in lieu by a lender client in REO, Stark uses its depth of experience to resolve any outstanding issues relating to entitlements, community associations, zoning, permitting, municipal relationships, leasing, and environmental issues. Whether a client plans to hold the asset for a period of time while waiting for a stronger market, or intends to instantly reposition the asset and sell it into the current marketplace, we are experienced in the sale and acquisition of real property assets, including marketing and brokerage issues for lenders.

Our clients routinely call upon our skills and capabilities to help them make essential business decisions, when faced with a distressed real estate situation. We stand ready to assist them in their endeavors.

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With transactional and litigation strength, Stark attorneys stand ready to assist clients with any and all insolvency situations in federal courts throughout the country. We represent secured and unsecured creditors, agents, bank groups, and senior and mezzanine lenders, in all types of debt restructuring, litigation, and bankruptcy reorganization proceedings.

These include out-of-court bankruptcy-related workouts and forbearance agreements, first-day orders, DIP financing, bankruptcy sales and auctions, challenges to the extent and validity of liens, all forms of contested matters and adversarial proceedings, including fraudulent transfers and preference actions, objections to disclosure statements, and plans of reorganization. Our practice crosses industries, including professional, retail, transportation, real estate, manufacturing, and telecommunications.

Stark lawyers have tried cases and successfully argued on a myriad of bankruptcy issues and numerous other complex matters. Our collaborative approach means we achieve prompt results, knowing that speedy resolution reduces costs, improves efficiency, and preserves value for clients.

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Government regulatory agencies that lenders may have to deal with as an SBA lender include the Office of Credit Risk Management, the SBA’s Office of Inspector General, federal banking regulators, and the Department of Justice. These regulators are known for being tough in their enforcement of standards in the small business lending industry. Without the advice of an experienced SBA lawyer, lenders could run afoul of the regulators, which may result in their loss of ability to provide SBA loans.

Stark routinely advises lenders on any SBA matters, providing a range of SBA-related legal services. In the past, small business lenders have come to us for SBA legal services including advice about SBA regulatory issues, SBA lender training, SBA lending, small business banking, SBA creditor’s rights protection, foreclosures, post-judgment collection and replevin actions, bankruptcy, restructuring and insolvency, pre-litigation collection, distressed real estate, workouts, SBA loan authorization procedures, and SBA non-banking licensing issues. Legal services we provide to lenders nationwide include:

• SBA compliance audits and reviews
• Standard Operating Procedure (SOP) guidance
• SBA creditor’s rights
• Preparation of SBA litigation plans
• SBA guaranty purchase reviews and recovery
• SBA lender training for lender clients
• SBA loan documentation and closing services
• SBA regulatory compliance and lender oversight
• Business litigation services
• Title services

Stark is SBA lenders’ strongest ally as they navigate the ever-changing legal and regulatory landscape of small business lending and recovery.

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With extensive experience in financial services, Stark attorneys are trusted counselors to banking clients that offer wealth management services. When called upon to advise or represent our client in litigation, our attorneys provide counsel and interdisciplinary solutions.

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With extensive experience in financial services, Stark attorneys are trusted counselors to banking clients that offer services in banking and trusts financial services, bank regulatory, financial services litigation, treasury management, wealth and investment management, corporate properties, small business banking and enterprise functions. When called upon to advise or represent our client in litigation, our attorneys provide counsel and interdisciplinary solutions.

At The Stark Firm, PLLC, we provide comprehensive legal counsel to banks and financial institutions serving as trustees. Our team has deep expertise in navigating the complexities of trust administration, fiduciary duties, and regulatory compliance. We assist trustees in managing investment portfolios, resolving beneficiary disputes, ensuring compliance with the Prudent Investor Rule, and mitigating risks related to operational errors. Our firm also advises on trust-related litigation, regulatory matters, and cybersecurity issues, helping trustee banks fulfill their duties while protecting trust assets and maintaining beneficiary trust. Whether handling complex fiduciary disputes or ensuring smooth trust transitions, we are committed to delivering solutions that safeguard our clients and their beneficiaries.