Obligations of a Surety
“Representation of a Guarantor in the dispute over the enforceability of the Guaranty of a loan to an RV Dealer. The Recitals had expressly limited to Guaranty to a fixed amount and the lender knew our client had sold 100% of the shares of the dealership to an individual who had assumed all obligations under the loan. Our client’s counsel, at the time of the sale of his interest, neglected to get the release of the Guaranty. Additionally, the loan had been paid in full and then the new owner had borrowed under the same documents. We looked at the factual issues, the lender’s conduct of not giving our client notice of the sale of the collateral upon the default on the second loan and the obligations of a surety under Ca. law.”
Dispute with a large money center
“Representation of a payment processor in a dispute with a large money center bank for freezing its accounts based upon a high rate of chargebacks. Expertise in the FDIC guidance letters relating to the obligations of the federally-regulated financial institutions when the payment processor is the customer.”
Release of the Collateral
“Representation of a commercial real estate investor/developer in a dispute with a large money center bank relating to a dispute regarding the interest rate swap component and the real estate secured loan documents. Litigation relating to the swap penalties assessed again the borrower and the dispute relating to the release of the collateral.’
Settlement on all her claims
“This was an arbitration whereby our client, as a former employee and investor in certain limited liability companies, organized under the De. Series LLC law, was required to divest certain profits and was entitled to certain distributions from later transactions after she was no longer employed with one of the entities. The engagement related to a review and analysis of the De. Series C LLC law and the relevant cases. The claimant did prevail, in a settlement on all of her claims.”
Mortgage Firm Representation
“Harriet B. Alexson represented my mortgage brokerage firm in its licensing expansion and broker compensation matters. We established a compliance methodology to pave the way for the company growth. Ms. Alexson is an expert in the commercial and residential brokerage area of law.” CEO Loans4less.com
Setting Up the Licensing in 50 States for LoopNet.com.
‘Harriet B. Alexson was the attorney who provided the legal strategy for setting up the licensing in 50 states for LoopNet.com. LoopNet is an on-line commercial real estate brokerage firm. Ms. Alexson was the architect of our licensing strategy, she implemented our strategy in 50 states and assisted in setting up and staffing our in-house compliance department. Ms. Alexson was instrumental in creating the licensing model now used by the fintech industry, since there is not yet a national charter to license the industry. The issues of concern to the industry is lack of conformity with respect to the usury laws, products that can be offered to consumers and licensing restrictions that might impact the collection of brokerage fees.
We would strongly recommend Ms. Alexson to assist and implement a licensing strategy for fintech and real estate brokerage.’ Former CEO, Loopnet.com
REAL ESTATE SECURITIES AND BROKERAGE
I worked with Ms. Alexson as a promoter of private real estate investments on structuring Regulation D offerings for the sale of interests in commercial real estate, mixed use developments in Panama and California. Ms. Alexson structured our transactions and assisted us with a departing investor holding over 50% of the investment in one of our projects. Most recently, she assisted us on the payment of a fee related to a 1031 exchange with a Delaware Statutory Trust. This matter related to the sharing of fees among real estate brokers and securities dealers, among 2-3 related transactions. I would strongly recommend Ms. Alexson as she understands the transaction as it evolves and has the legal knowledge to negotiate and the draft documents.
Brokerage, Investment, Development
Ms. Alexson was our outside counsel, at 3 different banks assisting in the preparation, negotiation and drafting of commercial, middle market lending mixed-collateral loan documents. She assisted us in documenting different types of collateral including, commercial real estate, and intellectual property, cable tv rights, and air space and accounts receivable, inventory and equipment loans. She also assisted me when I was the Chief Credit officer at a Bank in the workout division, with the workout of a number of commercial real estate secured loans. I would strongly recommend Ms. Alexson in this area of practice.
Chief Credit Officer, Ret.
Ms. Alexson, as outside counsel, provided legal services to banks where I served as a loan officer and chief credit officer. She drafted our loan documents for commercial, mixed collateral secured lending transactions. She is very knowledgeable in this area of legal practice.
Chief Credit Officer
Friendly Hills Bank