The Comprehensive Environmental Response, Compensation, and Liability Act’s Secured Creditor Exemption is not absolute protection from environmental liability, and foreclosure on environmentally-distressed properties is never risk-free. At ECT, we understand where limitations of the safe harbor provisions create potential exposure to environmental liability, and our experienced team of transactional advisers works with lenders and other secured creditors to address loans that are either in default or may soon be in default. Each evaluation considers the impact of site contamination on the value of the property and the creditor’s potential exposure to liability for that contamination. Moreover, by knowing how to mitigate such risk before and after foreclosure our clients realize improved financial outcomes and avoid stumbling into unwanted environmental nightmares.