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Loan enforcement is a core function of banking—but it is also one of the most legally sensitive stages of the lender–borrower relationship. Defaults, workouts, and collateral enforcement often occur under stressful conditions, where missteps can quickly turn a straightforward collection matter into prolonged litigation. According to David Lutz Attorney , a Minnesota commercial lawyer who regularly represents financial institutions, many lender disputes are avoidable. The key

Minnesota businesses operate in a legal environment that demands careful planning, clear documentation, and experienced advocacy when disputes arise. David Lutz  provides comprehensive legal support to businesses and financial institutions, guiding them from the earliest stages of loan documentation through complex commercial litigation. Based in Minneapolis, MN , David Lutz Attorney offers practical, business-focused counsel shaped by more than 25 years of experience. Compr

Despite careful lien searches and financing statements, many secured creditors are surprised to learn that their “first-filed” security interest does not always have priority. One of the most common—and most misunderstood—exceptions to the general first-to-file rule under Article 9 of the Uniform Commercial Code (UCC) is purchase money priority . Understanding how purchase money security interests (PMSIs) work, and how priority can be gained or lost, is critical for lenders,

When a borrower defaults and asks for additional time to address the problem, lenders often consider a forbearance arrangement rather than proceeding directly to foreclosure. Forbearance can be an effective and mutually beneficial workout option—provided the agreement is drafted with precision. A sound document maintains the lender’s leverage while offering the borrower a defined chance to cure the default. The following provisions are essential to any well-crafted forbearanc

Commercial lenders operate in a landscape where documentation quality, collateral clarity, and compliance with the Uniform Commercial Code (UCC) directly affect enforceability. When loan files contain inconsistencies or when collateral is not perfected properly, lenders may face unexpected exposure—often surfacing only when a borrower defaults. With over 25 years representing financial institutions, David A. Lutz , J.D., MBA , emphasizes disciplined drafting and strategic pla