Michael D. Smith



Michael Smith helps national, regional, and community banks get to closing with the best mix of terms and timelines possible. He works with lenders and borrowers in transactions involving automobile dealerships, community associations, construction projects, and government contracting, along with SBA loans.

Michael counsels loan officers and bank executives on how to structure, negotiate, document, perform due diligence, and close commercial transactions. He is particularly adept at helping close complex transactions and commercial financing deals. He frequently advises clients on how they can improve their processes to improve efficiency and decrease costs.

Clients praise him for his diligent, pragmatic, and knowledgeable approach, one noting, “Whenever I have a difficult, or large dollar deal where I want the confidence of a good counsel supporting me, I turn to Mike Smith and [his team].” Over the years, Michael has helped to close hundreds of millions of dollars in loans, including substantial floor plan financing transactions.

Outside work, Michael is an avid runner who recently began a trip to Normandy with his wife and two children by competing in the Mont-Saint-Michel Marathon, one of the few marathons where the participants can see the finish line from the starting line.

Honors & Awards

•Listed as Rising Star in Maryland Super Lawyers (2016-2017)
•Listed as Rising Star in Washington, DC Super Lawyers (2016-2017)

Community Involvement

Habitat for Humanity Montgomery County (Finance Committee, 2012-present; Board of Directors 2013-present)



•Beware These Three Hurdles to Closing Your Commercial Loan January 1, 2019
•Floor Plan Lenders May Possess Vehicle Title Documents Under Virginia Law, Bankruptcy Court Says October 1, 2018
•Don’t Assume Your Real Estate Collateral Complies with Applicable Zoning Ordinances February 28, 2017
•SBA Alters Process in Determining if Business has 'Associate of Poor Character,' Effective Immediately December 15, 2016
•Lenders Should Know Their Loan Obligors Before Signing Loan Modifications March 16, 2016
•Reducing Risk for the Commercial Lender in Loan Modifications February 26, 2016
•Court Rules Exclusive Language is Necessary For Specific Forum Selection Clause January 15, 2016
•Perfect Your Security Interest By Filing Before A Closing June 15, 2015
•Guarantor Strikes Out With Defenses to Guaranty June 10, 2014
•2nd Circuit Rules That Lender Did Not Unlawfully Demand Accrued Interest and Fees After a Default February 11, 2014
•A Debtor by Any Other Name May Unperfect the Security Interest: Debtor Names and the 2010 Amendments to Article 9 of the Uniform Commercial Code September 24, 2013
•So, Why Hasn’t My Commercial Loan Closed? June 4, 2013
•The IRS May Have Priority Over Secured Lenders in Tax Lien and Levy Cases March 11, 2013
•Negotiating A Commercial Loan? Here Are Some Points To Consider May 6, 2009


•Negotiating Commercial Loans - Feet to the Fire or Constructive Compromise? October 19, 2018
•SBA Releases New SOP 50 10 December 6, 2017
•New SOP Updates on 50 10 5(I) Lender and Development Company Loan Programs January 5, 2017
•Community Association Lending: How to Secure and Close a Loan November 10, 2010


•Lerch Early Lawyers Named to 2017 Super Lawyers List April 24, 2017
•SBA Further Streamlines Recently Enacted Franchise Review Process February 15, 2017
•Lerch Early Lawyers Named to 2016 Super Lawyers List April 22, 2016
•Lerch Early Names 4 New Principals in Litigation, Employment and Commercial Lending January 2, 2014
•Michael Smith Elected to Habitat for Humanity Board of Directors July 11, 2013
•Michael Smith Joins Habitat for Humanity Finance Committee February 21, 2012
•Michael Smith Joins Washington Area Community Investment Fund Board January 21, 2012
•Lerch Early Staffs Pro Bono Legal Clinics November 30, 2010

Areas of Practice (3)

  • Commercial Lending
  • Creditors' Rights & Bankruptcy
  • Real Estate

Education & Credentials

Contact Information:
(301) 657-0166  Phone
(301) 347-1529  Fax
University Attended:
American University, B.A. in Political Science, 1998; American University, M.S. in Justice, Law and Society, 2000
Law School Attended:
American University Washington College of Law, J.D., 2005
Year of First Admission:
2006, Maryland

Professional Memberships

•Maryland State Bar Association
•Bar Association of Montgomery County, Maryland
•Washington Area Community Investment Fund (Board of Directors, 2012-2014)

Birth Information:
Reported Cases:
Representative Matters: Closed a $125 million floor plan facility to a regional automobile dealership.; Structured and negotiated a $4.15 million loan to purchase a personal aircraft.; Negotiated several inter-creditor agreements for financial institution with multiple creditors in several states.; Closed several real estate and vehicle floor plan transactions for a regional bank in connection with loans to a major automobile dealership.; Modified several existing commercial loan facilities to an assisted living provider.; Closed a $72 million floor plan finance facility to multiple automobile dealerships in Connecticut, New Hampshire, and Massachusetts.
Payment Information:
  • Credit cards accepted
  • Accepts MasterCard and Discover

Peer Reviews

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*Peer Reviews provided before April 15, 2008 are not displayed.

Documents (8)

Documents by this lawyer on Martindale.com

Bethesda, Maryland

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