Business Law and Banking

In addition, legal matters may arise while you are in business that will require a lawyer. We represent clients as a business lawyer in the following types of cases, but not limited to:

• Lien letters – A lien letter is a legal claim that one party files to claim ownership to someone else’s assets. When a business takes out a loan to fund equipment or other expenses, their lender can take out a lien on the borrower as a way of indicating that they could reclaim that property in the event of non-repayment. If you have a lien on any of your assets, you will not be able to sell them until you pay off your original debt. There are several types of business liens, and all should be taken seriously because they can affect your business’s ability to get additional funding.
• Demand letters - A demand letter, which must officially be prepared by a lawyer, is a first attempt to resolve a dispute before official legal action. Many times, demand letters are used if money is owed and the payee is trying to recover funds before taking the other party to court; an obligation wasn’t completed, such as a contractor not completing work; or in personal injury cases involving insurance claims, so victims can attempt to recover damages from the at-fault party.
• Replevin actions – there are two main types of replevin actions. The first is used when one is seeking return of personal property wrongfully taken or held by the defendant. Creditors can also use replevin actions to recover collateral when debtors default on secured loans. For example, a bank might file a replevin action against a borrower to foreclose on a home to recover owed funds.The second type of replevin action is a writ authorizing the retaking of property by its rightful owner (i.e., the remedy sought by replevin actions). Replevin may be ordered as a final judgment, or in some jurisdictions, as a provisional remedy.
• Interpleader actions – This is a way for a property holder to initiate a lawsuit between two or more claimants to property. Interpleader keeps a property holder from being sued by twice and individually, by those two different parties.
• Bank foreclosures – foreclosure is when the bank attempts to recover its loan on your home if payments are owed. In foreclosures, we work closely with banks on the process. We have extensive experience handling all aspects of foreclosures for banks from issues associated with the origination of the loan, loss mitigation upon default, the foreclosure process, eviction or summary ejectment post-foreclosure, intervening consumer litigation, bankruptcy, and the disposal of the reclaimed real estate owned properties (REO).

Wiliford, McAlister, Jacobus & White, LLP attorneys have been advising businesses and banks as a business law and banking counsel for more than 40 years. Trust us as your counsel for any business or banking matter.