An attorney opinion letter is often a requirement of lenders who are lending on properties located in Texas. The opinion letter is used in credit analysis to help determine whether to lend to a borrower or not.
This letter serves two main purposes. First, a licensed Texas attorney must certify that the borrower and their entity are in good standing in order to borrow a loan. Second, it states that the borrower has consulted with an attorney who has explained the rules and ramifications of taking out a secured real estate loan in Texas.
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An opinion letter, also called a legal opinion, is a letter issued by a legal counsel that facilitates a lender’s due diligence process in a transaction. The opinion letter is used in credit analysis to help determine whether to lend to a borrower or not.
Generally, the party requiring the opinion letter wants the letter to speak to some or all of the following items:
The represented entity is properly formed, organized, active, or authorized to do business under state law and is in good standing at the time of the transaction.
The proposed transaction is permissible under the bylaws or operating agreement and is appropriately authorized in the minutes of the entity.
The attorney has reviewed the transaction documents and is of the opinion that they are legally sufficient to serve the purposes of the parties.
The transaction does not violate state or local laws or codes. The proposed transaction does not violate, to the best of counsel's knowledge, the entity's agreements or any entered judgments against the entity.
The assets conveyed or encumbered are free and clear of encumbrances.
The contract is legal, may be entered into legally by the represented party, and is enforceable by the lender against the borrower or guarantor.
When Do You Need an Opinion Letter?
An attorney opinion letter is a strict requirement from the lender or title company in a commercial real estate loan. As a private institution, they are free to require any documents or certifications they desire. Use this opportunity to review and discuss with Ronald Rohde Law to gain a clear understanding of your legal rights. We help borrowers negotiate hundreds of commercial real estate transactions in multi family, industrial, and other asset classes in Texas.
How much does it cost?
$1,500 for small purchase transactions (under 10M)
$2,500 for high purchase transactions or rush projects (over 10M)
Book a consultation, we’re happy to help prepare a fast, flat-fee Texas opinion letter for you.
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