Creditors Rights Counsel

Builders Capital Exchange; United States; Hybrid; USD 180,000 - 300,000; Full time

Benefits offered by this job

Health Insurance

Paid Time Off

Paid Holidays

Flexible work environment

Job summary

Builders Capital is seeking an experienced Creditors Rights Counsel to lead legal responses for distressed and non-performing real estate loan assets. The role focuses on workouts, enforcement actions, loan modifications, and collateral recovery, working with risk and servicing teams to mitigate losses.

The ideal candidate has 6+ years in commercial real estate finance, extensive knowledge of lenders' rights, and a JD with bar admission in one or more states.

Qualifications

• JD required and active bar status in at least one US state.
• Experience handling commercial real estate finance and loan enforcement.
• Ability to oversee outside counsel and coordinate cross-functionally.

Responsibilities

• Lead legal in assessing and restructuring distressed and non-performing loans and enforcing lender rights under loan documents and applicable law.
• Evaluate loan documentation to identify enforcement options, collateral rights, and default remedies.
• Draft, review, and negotiate workout and enforcement documents such as forbearance, loan modification, deeds-in-lieu, and settlement agreements.
• Oversee foreclosure proceedings, loan enforcement actions, and REO asset recoveries.
• Coordinate and manage outside counsel in judicial and non-judicial foreclosure, bankruptcy, and litigation matters.
• Provide legal input on credit risk, borrower negotiations, and collateral evaluations.
• Ensure compliance with federal, state, and local laws affecting real estate lending, enforcement, and collections.

Skills

Negotiation

Drafting

Problem-solving

Collaboration

Leadership

Communication

Education

J.D. from an accredited law school

State Bar admission (CA/WA/FL/TX preferred)

Job description

We are looking for an experienced and detail-oriented Creditors Rights Counsel to join our team! The Creditors Rights Counsel will provide legal support and strategic guidance on distressed and non-performing real estate loan assets. This role focuses on legal strategies for non-performing and underperforming real estate loans, including workouts, enforcement actions, loan modifications, and collateral recovery. This role will include internal management and outside counsel oversight on such matters. The ideal candidate will work closely with special assets, servicing, and risk teams to mitigate losses and protect the company’s legal and financial interests.

Builders Capital is the nation's leading private construction lender, providing innovative financing solutions to professional homebuilders. We are committed to empowering our clients with the capital and expertise they need to succeed in the dynamic residential construction market.

What You’ll Do:

• Lead legal in assessing and restructuring distressed and non-performing loans and enforcing lender rights under loan documents and applicable law.
• Evaluate loan documentation to identify enforcement options, collateral rights, and default remedies.
• Lead legal in assessing and restructuring distressed and non-performing loans and enforcing lender rights under loan documents and applicable law.
• Draft, review, and negotiate workout and enforcement documents such as forbearance agreements, loan modification agreements, deeds-in-lieu, and settlement agreements.
• Lead legal oversight of foreclosure proceedings, loan enforcement actions, and REO (real estate owned) asset recoveries.
• Coordinate and manage outside counsel in judicial and non-judicial foreclosure, bankruptcy, and litigation matters.
• Lead legal in disposition strategies for loan collateral, including legal aspects of REO sales.
• Provide legal input on credit risk, borrower negotiations, and collateral evaluations.
• Ensure compliance with federal, state, and local laws affecting real estate lending, enforcement, and collections.
• Assist on special projects, as needed.

• 6+ years of experience handling commercial real estate finance transactions and loan enforcement matters.
• Deep understanding of real estate loan documentation secured transactions, and creditors’ rights.
• Familiarity with loan servicing, and loss mitigation strategies.
• Proven experience in managing complex legal matters related to distressed real estate loans.
• Excellent negotiation, drafting, and problem-solving skills.
• Ability to collaborate across departments in a deadline-driven, high-volume environment.
• J.D. from an accredited law school; admitted to practice and in good standing in at least one U.S. State Bar, with a preference for one the following states: California, Washington, Florida or Texas.
• Exceptional leadership and interpersonal capabilities.
• Superior written and verbal communication skills.
• Strong analytical abilities and strategic problem-solving aptitude.
• Commitment to delivering top-tier client service and maintaining professional integrity.

• Innovative Environment: Join a forward-thinking company at the forefront of the construction finance industry with access to cutting-edge technology and resources.
• Work Flexibility: Enjoy a flexible work environment where you can balance team leadership with your personal life.
• National Impact: Be part of a nationwide operation that’s shaping the future of construction financing and making a difference for builders, developers, and homeowners across the U.S.
• Health Insurance – We’ve got you covered! Builders Capital pays 100% of your medical insurance premiums to keep you healthy and stress-free, offering a PPO and HSA plans.
• Competitive Compensation – We offer competitive wages that reward your expertise and hard work.
• Paid Time Off – Take time to recharge with 3 weeks of paid time off each year.
• Paid Holidays – Enjoy 10 paid holidays throughout the year so you can spend quality time with family, friends, or doing whatever you love.

We’re here to support you both professionally and personally—because when you thrive, we all thrive.

This job posting highlights the most critical responsibilities and requirements of the job; however, there may be additional duties, responsibilities, and qualifications for this job.

Construction Loan Services II LLC (Builders Capital) and its affiliates are Equal Employment Opportunity (EEO) employers and welcome all qualified applicants. This is a full-time exempt position. The job description contained herein is not intended to be a comprehensive list of the duties and responsibilities of the position, which may change without notice.