Brian D. Cunningham, P.C.

People•Brian D. Cunningham, P.C.

Brian Cunningham’s practice is concentrated in banking and commercial finance. He advises lenders on all aspects of loan originations for real estate, commercial, asset-based, tax-advantaged and affordable housing, and other syndicated and bilateral transactions. He regularly represents investment banks and other financial institutions on their securities-based lending programs, operations, and letter of credit matters. He also advises lenders on portfolio sales and acquisitions, distressed debt, loan servicing, creditor’s rights, loan workouts, foreclosures, and restructurings.

University of Utah College of Law (J.D., 1994)
- Recipient Edward W. Clyde Fellowship
University of Virginia (Ph.D. candidate, Economics)
- Recipient University Presidential Fellowship
Weber State University (B.A., 1988)
- Outstanding Graduate, School of Business and Department of Economics

American College of Mortgage Attorneys
American College of Real Estate Lawyers, Member
Utah State Bar Banking and Finance Section, Vice President
Commercial Finance Association Education Foundation, Board of Directors
American Bar Association
- Uniform Commercial Code Committee
- Commercial Financial Services Committee
National Association of Bond Lawyers
Utah Association of Financial Services
International Factoring Association

"Commercial Real Estate Lending: Lease Review in Troubled Times," Co-Author, The Utah Banker magazine (January/February 2010) (also published in the Colorado Banker magazine, May/June 2010)
"The Utility and Flexibility of Forbearance Agreements," Co-Author, The Utah Banker magazine (September/October 2009) (also published in the Colorado Banker magazine, November/December 2009)
"Government Receivables as Collateral? Proceed with Caution!" Co-Author, The Utah Banker magazine (January/February 2009) (also published in the Colorado Banker magazine, May/June 2009)
"Back in the REO Business: Assessing the Value of Real Estate Loans and Bank Owned Real Estate," Co-Author, The Utah Banker magazine (Fall 2008)
"Utah's One Action Rule," Presenter, Utah State Bar Banking and Finance Section Annual Meeting (May 13, 2008)
"Remedies Under Article 9 of the UCC," Deeds In Lieu Of Foreclosure and Secret Liens, Presenter, Utah State Bar Mid Year Meeting (March 15, 2008)
"Accord Insurance Certificates: Does Your Borrower Really Have Coverage?" Co-Author, The Utah Banker magazine (Spring 2008)
"Round and Round the Mulberry Bush ... Subordination, Non-Disturbance and Attornment Agreements," Co-Author, The Utah Banker magazine (Winter 2008)
"New Rules Available to Govern Commercial Letters of Credit: So Many Choices - UCP 600, UCP 500 and ISP 98," The Utah Banker magazine (Fall 2007)
"Secured Transactions Under Article 9 of the UCC," Presenter, Utah State Bar Annual Meeting (July 19, 2007)
"An Introduction to Real Estate Secured Lending," Presenter, Utah State Bar Mid-Year Meeting (March 9, 2007)
"Current Issues in Commercial Lending," Presenter, Utah State Bar Meeting (March 12, 2006)
"Commercial Lending in Utah," Presenter, Lorman Education, Salt Lake City, Utah (October 29, 2005)
"Real Estate Lending," Presenter, Utah State Bar Association, Salt Lake City, Utah (Jan 20, 2005)
"Community Reinvestment Act," Utah Banker magazine (May/June 2004)
"Annual Title and Survey Review Seminar," Presenter (May 2004)
Lecturer, International Factoring Association Monthly Meetings; topics included secret liens, guaranties and consideration and federal tax liens
"Secret Liens: What You Don't Know Can Hurt You," Presenter, 9th Annual International Factoring Association Convention, Salt Lake City, Utah (April 4, 2003)

The Best Lawyers in America®, Banking & Finance Law, Real Estate Law (2008-2022)
Mountain States Super Lawyers^®, Banking (2010-2014, 2017-2021)
Super Lawyers^®, Banking - Business Edition (2011)
Utah’s Legal Elite: Banking/Financial, Utah Business Magazine (2005-2022)
Chambers USA: America's Leading Lawyers for Business®, Real Estate (2009-2018)
Utah Banking Lawyer of the Year, The Best Lawyers in America® (2011)

Volunteers of America, Utah, Board of Directors

Brent R. Armstrong Law Offices, P.C., Associate
Weber State University, Department of Economics, Adjunct Professor
University of Phoenix, Business Law, Economics and Statistics, Adjunct Professor
Center for Public Service, Economist

Spanish

Utah
Idaho

Supreme Court of Utah
Supreme Court of Idaho

Brian D. Cunningham, P.C.

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