Erin Elizabeth Stark
Erin Elizabeth Stark is the founding member of The Stark Firm and manages the firm’s Atlanta office that anchors the firm’s coast-to-coast presence. She has more than 24 years of experience representing national and regional banks in a broad range of commercial and consumer lending transactions. She concentrates her legal practice in commercial finance, real estate, equipment finance, commercial litigation and creditor’s rights. She represents lenders in a variety of finance transactions, including all types of secured and unsecured loans, SBA transactions, lines of credit, acquisition financing and working capital loans. She also focuses her legal practice on asset based lending, specialty lending, equipment finance, commercial lending, custom lending, real estate secured transactions, commercial card, SBA lending, SBA creditor’s rights, creditor’s rights, contested matters in bankruptcy, regulatory related matters, work outs and complex restructuring matters, including settlements, foreclosures and note sales. She also has experience counseling financial institutions on key sustainability and ESG issues specific to its affects on the real estate sector, such as reporting and disclosure requirements, compliance with regulations, community, climate change and environmental planning.
Erin has been a frequent lecturer on commercial real estate, asset based lending, consumer and commercial lending transactions, SBA and SOP Interpretation, nationally. She has been a speaker at various conferences and seminars on commercial workouts, bankruptcy, loan restructuring, SBA, commercial real estate, Article 9 transactions, commercial litigation and other matters.
She is an active member of Women’s President Organization, NAGGL, the Mortgage Bankers Association State Legislative and Regulatory Committee, Alabama and Georgia Mortgage Bankers Association Legislative and Regulatory Committee, the American Bar Association, State Bar of Alabama, State Bar of Georgia, the Atlanta Bar Association, the American Bankruptcy Institute, National Association of Women Lawyers and the Alabama, Georgia, New York, Florida, Pennsylvania and Texas Chapters of International Women in Insolvency and Restructuring Confederation. She is admitted to practice in all state courts throughout the States of Alabama and Georgia, as well as the U.S. District Court for the Northern, Middle and Southern Districts of Alabama and Georgia.
Erin is a member of the SMU Parent Leadership Counsel, Women’s President Organization Atlanta Chapter, and Chair of the NAMWOLF Banking and Finance Committee. In her pro bono work, she mentors young female lawyers and is an active supporter of Dress for Success in Atlanta and the representation of victims of human trafficking, domestic violence and pay equity. Outside of work, she is obsessed with her kids, loves Paris and Roma and everything Italian.
Erin attended Southern Methodist University (B.A.), Cumberland School of Law of Samford University (J.D.) and Harvard Business School Executive Education WPO: Leading Business and Personal Transitions.
• Represent lenders in construction loans involving hotels, shopping centers and other commercial properties, including multifamily properties;
• Represent lenders in eminent domain matters;
• Represent lenders in loans involving Article 9 property and the disposition of same, including auctions with proceeds that fully satisfy the debt;
• Represent lender in loans involving market sensitive assets such as churches and successful disposition plan regarding same;
• Extensive experience representing lenders in the origination, sale and participation of mortgage and mezzanine loans;
• Many years of experience representing lenders in the workout of a non-recourse loan secured by several multi-family properties, including the negotiation and consummation of (i) a deed-in-lieu of foreclosure agreement with the obligors; (ii) the acquisition of the properties by a third party purchaser via deed-in-lieu of foreclosure; and (iii) re-financing by the lender for such third party purchaser’s acquisition of the shopping mall;
• Represent regional and community banks in the restructuring and workout of defaulted commercial loans;
• Represent lenders in dealer financing and dealings with sales out of trust;
• Represent lenders in floor plan financing loans in default;
• Represent regional and community banks with various construction, acquisition and development loans;
• Represented secured lender in chapter 11 proceeding to recover millions secured by properties located throughout Southeastern United States;
• Represented secured lender through workout proceedings to recover over a $30 million line of credit;
• Extensive experience representing lenders and companies in the acquisition and disposition of real estate assets;
• Extensive experience in loan-related litigation, inclusive of fraudulent conveyance litigation;
• Extensive experience representing lenders in matters involving a deceased principal and/or guarantor;
• Represent lenders in the restructuring and workout of defaulted commercial loans under loss share agreements with the FDIC;
• Experience with representing lenders in the sale and disposition of secured and unsecured assets and related litigation on loans under loss share agreements with the FDIC;
• Represent lenders in seeking a receiver or special master to manage and dispose of secured assets;
• Represent lenders in estate matters involving deceased guarantors;
• Represent lenders in assignment for benefit of creditors proceedings;
• Experience with confirmation proceedings (GA);
• SBA lending, SBA loan defaults, litigation plans and SOP interpretation