Beplace is committed to protecting client information, maintaining confidentiality, and ensuring compliance with applicable legal obligations. As a company involved in high-stakes commercial real estate transactions, Beplace may receive subpoenas, court orders, or other legal requests for information. This policy outlines Beplace’s approach to handling such requests while safeguarding client interests.

1. Notification and Right to Respond.
Beplace shall not voluntarily disclose client information and will notify the Borrower (or Borrower’s legal counsel) upon receipt of any Legal Process. The Borrower shall have the right to respond within a reasonable period prior to the due date imposed in any Legal Process, ensuring compliance while allowing sufficient time for the Borrower to challenge or respond. The Borrower must respond no later than 3 business days before the legal deadline for standard requests and 1 business day before the deadline for urgent legal matters. For emergency legal requests requiring immediate action, Beplace will comply as required by law if the Borrower does not respond within the required timeframe. If the Legal Process pertains to the Borrower’s transaction, business dealings, privileged communications, Trade Secrets, or any proprietary, strategic, or Confidential Information, the Borrower (or Borrower’s legal counsel) shall assume responsibility for responding.

2. Legal Compliance and Disclosures.
Beplace shall not be required to disclose any information unless legally compelled after the Borrower has had the opportunity to challenge the request. If Beplace is required to respond, the Borrower agrees to provide Indemnification for any costs, legal fees, or liabilities incurred. If a court order requires disclosure before the Borrower has had the opportunity to respond, Beplace will comply only to the extent necessary to avoid legal penalties and will continue to seek appropriate protective measures on behalf of the Borrower.

Beplace will only comply with court orders that meet constitutional due process standards, including adherence to Fourth Amendment protections against unreasonable searches and seizures. Requests lacking legal justification, jurisdiction, or probable cause will be challenged to the extent possible.

3. Trade Secret Protections and Confidential Information.
Beplace considers certain internal processes—including proprietary deal structuring methodologies, lender negotiation strategies, underwriting workflows, and Borrower engagement systems—to constitute Trade Secrets or Confidential Information. If a Legal Process seeks disclosure of such information, Beplace reserves the right to assert trade secret protections, seek a protective order, or challenge the request in consultation with the Borrower. In cases where disclosure is legally compelled, Beplace will limit disclosure to the minimum necessary, take reasonable steps to ensure the information remains confidential, and seek appropriate protective measures.

4. Beplace’s Right to Challenge Legal Requests.
If a Legal Process is overly broad, unduly burdensome, or seeks information not relevant to the Borrower’s transaction with Beplace, Beplace reserves the right to object, seek a protective order, or challenge the request in consultation with the Borrower. If Borrower counsel elects not to challenge a request, Beplace retains the right, but not the obligation, to object independently if the request is overbroad, unduly burdensome, or seeks non-relevant proprietary information.

Beplace will conduct an independent legal review of any Government Request outside the scope of a Borrower’s transaction to ensure that requests are valid and do not compromise client confidentiality.

5. Multi-Party Involvement in Transactions.
In cases where a Legal Process affects multiple parties (Borrowers, lenders, title companies, investors), Beplace will make reasonable efforts to notify and coordinate with affected Borrowers before responding, unless legally prohibited.

6. Encryption and Data Security.
Beplace employs Encryption Measures to protect transaction-related data. While certain data may be protected through third-party encryption (e.g., Virtru), Beplace retains controlled access to necessary financing documents and transaction information as part of its role in securing financing.

7. Data Retention and Compliance.
Beplace follows a data retention policy where applicable under financial regulations and contractual obligations. If no specific legal or regulatory retention requirement applies, Beplace reserves the right to determine appropriate retention periods based on business needs and industry best practices. Clients may request details on the retention or deletion of their data where applicable.

8. Emergency Legal Requests.
Beplace recognizes that some Legal Processes may require an immediate response, such as fraud investigations or emergency court orders. In such cases, Beplace will act in good faith to comply with legal requirements while taking all reasonable steps to protect client rights.

9. Cost Recovery and Indemnification.
Beplace reserves the right to seek reimbursement from the requesting party for any costs incurred in complying with a Legal Process, even if Beplace is ultimately not required to produce information. Borrowers shall fully indemnify Beplace for all reasonable costs, legal fees, and liabilities arising from compliance with any Legal Process in which the Borrower is involved.

10. Contact.
Beplace is committed to balancing legal compliance with client confidentiality. We will challenge inappropriate requests, notify clients when possible, and minimize disclosures to protect sensitive real estate transaction data.

For any questions or concerns, please  email  us.