Simmons Perrine Moyer Bergman PLC
Lynn W. Hartman

Lynn W. Hartman

Position: Member
115 3rd Street SE, Suite 1200
Cedar Rapids, IA 52401-1266
(319) 896-4083 direct
(319) 366-1917 fax
E-Mail: lhartman@spmblaw.com
 
 

Lynn Hartman is a member of Simmons Perrine Moyer Bergman where she represents primarily banks and other financial service providers. Ms. Hartman consistently represents financial institutions and other clients in transactions totaling more than $200 million annually. She works on commercial lending transactions of all sizes, including sophisticated large commercial transactions. Ms. Hartman serves as Chair of the firm's Banking and Finance Practice Group and is a member of Simmons Perrine Moyer Bergman Board of Directors.

Prior to joining Simmons Perrine Moyer Bergman, Ms. Hartman was in-house counsel for Firstar Bank (now U.S. Bank). She is a highly regarded attorney among her peers; being recognized as an AV Rated attorney with Martindale-Hubbell® and was included in The Best Lawyers in America® 2018 and Best Lawyers® 2015 Lawyers of the Year Listing for Banking and Finance Law. She is also recognized by Thompson Reuters as a 2017 Great Plains Super Lawyer.

Finance and Financial Institutions. Ms. Hartman advises both lenders and borrowers on commercial transactions including secured and unsecured lending, asset-based and real estate lending, project and acquisition financing, letters of credit and mortgage enforceability opinions. See notable matters for a listing of transactions.

Creditors' Rights and Bankruptcy. Ms. Hartman has over 25 years of experience representing all phases of creditors' rights and bankruptcy issues, including complex mortgage foreclosures, receiverships, agricultural insolvencies, and commercial business reorganizations and liquidations.

Tax Exempt Financing. Ms. Hartman has experience acting as borrower counsel and bank counsel in connection with numerous tax-exempt bond transactions. See notable matters for a listing of almost $250 million in bank and borrower transactions.

Banking Litigation. Ms. Hartman, along with an experienced banking and litigation group at Simmons Perrine Moyer Bergman, counsel and represent financial institutions in a variety of litigation matters. Past representations include claims of lender liability, trustee mismanagement, mortgage fraud and unfair debt collection practices. See notable banking litigation matters.

Corporate Transactions and Business Counseling. Ms. Hartman represents buyers and sellers of financial institutions and provides regulatory and compliance advice to banks and their related holding companies. 

Hartman-USLAW-MEMBER- 

Recent articles:

Honors & Awards

  • Included in The Best Lawyers in America® list, 2012 - 2019
    • Banking and Finance Law, Commercial Finance Law, Financial Services Regulation Law, Mortgage Banking Foreclosure Law
  • Named to the Best Lawyers® 2015 "Lawyer of the Year"
    • Banking and Finance Law
  • AV Rating by Martindale-Hubbell®
  • Included in Great Plains Super Lawyers list, 2014 - 2018
  • Recipient of Women's Equality Day, Woman of the Year Award

Memberships

  • Iowa State Bar Association
    • Business Law Section
    • Commercial & Bankruptcy Law Section
    • Corporate Counsel Law Section
  • Linn County Bar Association
  • USLAW NETWORK, Inc.
    • Vice Chair, Banking and Finance Practice Group
    • Past Secretary, Banking and Finance Practice Group
  • Dean Mason Ladd American Inn of Court
    • Past Treasurer

Community Involvement

  • Kids First Law Center
    • Board of Directors
  • United Way of East Central Iowa
    • Past Executive Board Member
    • Past Board of Directors Member
  • Professional Women's Network
    • Past Board of Directors and Secretary
  • Junior League of Cedar Rapids
    • Past Member and Legal Counsel
  • Waypoint n/k/a YWCA of Cedar Rapids and Linn County
    • Past Board of Directors Member
    • Past President, 2000
  • Leadership For Five Seasons Graduate

Presentations

Access the banking presentation library, here.

2018 Presentations

  • Minimizing Risk of Problem Agriculture Loans, Iowa Bankers Association Peer Group, 11/16/18
  • USLAW Network Banking and Financial Services In-House Counsel Forum: The New CFP Fiduciary Standard and the Implications for Wealth Management Operations, 10/3/18
  • Minimizing Risks of Problematic Ag Loans, 9/13/18
  • Iowa Agriculture Mortgage Foreclosures and Related Issue, 7/24/18

2017 Presentations

  • ACC Fall Symposium: Ethical Issues Facing In-House Cousel, 10/6/17
  • USLAW Network Banking and Financial Services In-House Counsel Forum: Ethics Panel, 10/4/17
  • Webinar: Iowa Ag Mortgage Foreclosures and Related Issues, 8/10/17

2016 Presentation

  • Webinar: Banking Case Law Update, 12/6/16
  • Minimizing Risk on Problematic Ag Loans, RMA Lunch & Learn, 10/11/2016
  • Webinar: Capital Financing Options for Hospitals, Iowa Hospital Association, 5/19/16
  • Webinar: Historic Tax Credits: A Guide for Lenders, 3/22/16

 2015 Presentations

  • Webinar: Minimizing Risk on Problematic Ag Loans, 11/3/15
  • Webinar: Lender Liability - Part I, 5/20/15

2014 Presentations

  • Webinar: "New Rules for Consumer Mortgage Loan Servicing/Loss Mitigation", 7/31/14
  • USLAW Presentation: Revised Article 9 Update, 5/6/14
  • Webinar: "Title Insurance for Iowa Lenders", 3/18/14

2013 Presentations

  • "Who I Am", Iowa Women's Foundation 17th Annual Luncheon with keynote speaker Rekha Basu, 10/30/2013
  • Title Insurance Presentation to Bankers Trust, 10/29/13
  • Webinar: Revised Article 9 Update, 7/23/13

2012 Presenations

  • Webinar: Amendments to Article 9, 12/06/12
  • Webinar: UCC Article 9 Amendments, 4/12/12
  • “The Finality of Bankruptcy Court Judgments After Stern v. Marshall”, USLAW Network Banking/Financial Institutions Regional Meeting, Charlotte, NC, 2/07/12

2010 Presentation

  • Topic: Banking issues in Bankruptcy, 28th Annual Bankruptcy Conference, Des Moines, IA, Sponsored by the Iowa Chapter of the Federal Bar Association,10/28/10

2009 Presentations

  • Topic: Regulations Regarding Red Flag Rules and Identity Theft, Iowa Hospital Association Annual Meeting, 10/08/09
  • “Teamwork in the Workplace: What Legal Employers are Doing to Maximize Different Generations of Lawyers’ Workstyles”, Lawyers & Leader panel, U of I College of Law, 9/24/09
  • Topic: Bankruptcy and Fraud Issues, Bankruptcy Seminar, Iowa City, IA, 9/18/09
  • Topic: Insolvency and Bankruptcy, USLAW Women’s Weekend, Dallas, TX, 5/02/09
  • Client Seminar, Kirkwood Community College, Real Estate Foreclosure and Other Secured Real Estate Issues, 4/02/09

Notable Transactional Matters:

  • $46 million multi-state real estate credit involving CDE and other economic development lenders and multiple participants
  • Separate issues for $44.3 million and $22.5 million Private College Facility Revenue and Refunding Bonds
  • $41 million underwritten offering of Health Facilities Revenue Bonds
  • $39 million line of credit for employee owned Midwest distributor
  • $38 million medical office complex financed through TIF funds, New Market Tax Credits and $21 million IFA bonds
  • $35 million private offering finance for start-up cattle harvest facility
  • $30.8 million for additional location, working capital and warehouse line to car/truck manufacturer
  • $28 million construction of condominiums for a Florida resort
  • $26 million Midwestern Disaster Area Revenue Bond for construction and leaseback of commercial office complex
  • $24.7 million letter of credit enhanced taxable variable rate demand bonds for multi-state entity
  • $20.5 million line of credit to wholesale distributor
  • $20 million construction financing on new 123 unit senior housing facility
  • $20 million equipment and lease line for heavy equipment dealer
  • Refinanced $16 million in tax-exempt revenue bonds for Catholic high school
  • $10.4 million credit facility to engage in the construction, ownership and management of real estate properties
  • $10 million refinancing operations and purchase of liquid coating facility
  • $9.6 million purchase of mobile home park
  • $9.1 million credit relationship for manufacturer with business nationwide and Canada
  • $7.5 million in Industrial Development Revenue Bonds for a manufacturing company
  • $7.3 million line of credit and equipment financing for accounts receivable management and debt collection company
  • $5.9M Qualified 501(c)(3) Private Activity Bond to construct a new medical facility$5.3 million facility, including HUD tax credits for housing projects
  • $3.1 million bond to construct new CCDI addition
  • $2 million historic tax credits financing
  • $1M Qualified 501(c)(3) Private Activity Bond to construct a new children’s residential psychiatric treatment facility

Notable Banking Litigations Matters:

  • Suit on promissory notes, guarantee and foreclosure of personal property of multiple restaurant franchise locations in Iowa. Matter involved franchise, leasehold and indemnification issues. Negotiated and obtained forbearance agreements with three limited guarantors, thereby reducing the overall obligation by approximately $250k. Successfully litigated matter and garnered an approximate $335,000 judgment for client.
  • Foreclosure and receiver action for 42-acre multi-building shopping mall complex. Matter involved the review of numerous bank documents, lease agreements and complex easement and joint tenant real estate documents. Successfully negotiated a settlement wherein the borrower surrendered possession of the real estate through a deed-in-lieu foreclosure.
  • Four-year title opinion objection dispute involving 34-building, 141-unit condominium development. After a 4-day bench trial we not only prevailed on our request to reform the deed and clear title, but convinced the court that the Defendant’s actions in defending the quiet title action and bringing an interference claim were frivolous and used for an improper purpose. As a result, the court ordered all of our clients’ fees and expenses (in excess of $145,000) to be paid by Defendant. Defendant appealed the decision to the Court of Appeals of Iowa and the Appeals Court affirmed the quiet title decision. Further, the higher court found that the district court did not abuse its discretion in assessing sanctions and remanded back to the lower court to determine if the amount of the award is appropriate.
  • Defended guarantor claims and brought counterclaims arising out of the foreclosure and sale of an Iowa hotel and conference center. Matter settled shortly before trial.
  • Suit on promissory note and guarantees secured by approximately 20 acres of commercial real estate. Successfully obtained summary judgment for the client and negotiated and drafted a forbearance agreement resulting in the surrender and liquidation of the commercial real estate, and the borrowers and guarantors providing confessions of judgment ranging from $2MM to $2.6MM. As part of the negotiation of the forbearance agreement, our department negotiated and obtained the cooperation of a senior lienholder to the commercial real estate, resulting in the client improving its collateral position in the property.

Notable Regulatory Matter:

  • Advised client on recent changes under the Dodd-Frank Act to the Real Estate Settlement Procedures Act (“RESPA”) and implemented by the Consumer Financial Protection Bureau (“CFPB”) in 2014. Developed recommended procedures to minimize liability risk under RESPA and the Truth-in-Lending Act.