Claim and evidence review
Review of the contractual basis, claim calculation, payments and supporting records, with outstanding legal and factual questions identified.
Banks & Institutional Lenders
When lending exposuresneed legal clarity.
When a lending exposure deteriorates, the claim, payment obligations and security position need to be considered together. German Recovery Desk helps credit and legal teams assess their German legal position and develop a considered route to recovery.
Discuss a lending exposureTypical starting points
The credit file is the start.
The legal position shapes the route.
Arrears and acceleration
Payments have stopped. The agreement, notices already issued and the amount claimed need to be reviewed before further action.
Several potential routes
Claims against borrowers, guarantees and security may offer different options. Each can involve separate requirements, defences and practical considerations.
A changing risk picture
A dispute, signs of insolvency or new asset information may change the merits and timing of the proposed recovery steps.
The legal work
From the outstanding balance
to the next legal step.
Options for action
Assessment of borrower engagement, negotiation and court proceedings, taking account of the agreed scope and anticipated costs.
Further legal action
Agreed work on obtaining an enforceable title or enforcement, and assessment of filing claims and security rights in insolvency.
Preparing the legal review
The basis for a considered review.
We agree the scope and an appropriate transfer method with you. A general overview is enough for the first conversation.
Records for the agreed review
Credit and security file
Facility documents, amendments, security instruments and relevant powers of attorney.
Reconciled balance
Disbursements, payments, interest calculations and additional amounts claimed, with a clear cut-off date.
Case history
Demand and termination notices, evidence of delivery, objections and existing proceedings.
Working together & reporting
A basis for your
next decision.
The engagement begins with agreement on responsibilities, review scope and approval points. Findings inform the available options. Agreed reporting covers progress, identified risks, missing information and decisions required from the lender. Material developments are considered when reviewing the next steps.
Legal lead: Dr Christopher Peinemann, LL.M. (Durham), Rechtsanwalt / German lawyer.
Before instructing the Desk
Two questions to begin with.
Does the loan need to have been terminated?
No. A review may be useful before that stage. Whether acceleration or termination is available depends on the agreement and circumstances, including any steps already taken.
Can several exposures be referred together?
A common handover framework can be agreed. The documentation, defences and appropriate legal steps still need to be considered for each exposure.
The next step
Discuss a lending exposure.
Start with the circumstances and the scope of review you need.
Prepare a conversationContact the Desk directly