Commercial Finance

Our attorneys handle the full range of commercial real estate finance transactions. By routinely handling a diverse range of transactions in various roles and capacities in large, complex loan closings, our lawyers have the experience and judgment necessary to handle the full range of commercial real estate finance transactions.

Our extensive experience includes handling sophisticated transactions across the country involving every kind and type of real estate investment and most every structure that may be imagined. We have developed the process, procedures, and discipline to administer loan closing programs that are national in scope, and a comprehensive network of relationships with lawyers across the country who assist as required in the loan closing process.

Representative Clients 

  • Major Life Companies 
  • National and Regional Commercial Banks 
  • Wall Street Investors and Originators 
  • Master and Special Servicers 
  • Borrowers 
  • Developers and Owners 
  • Real Estate Investment Trusts

Representative Projects Financed 

  • Retail 
  • Multi-family 
  • Condominium 
  • Office 
  • Hotel 
  • Industrial 
  • Mobile Homes 
  • Nursing Homes 
  • Mixed Use Projects 
  • Multi-state Transactions

Representative Services 

  • CMBS Lending, Life Company and Other Lending – formation, licensing and financing of new loan origination programs to developing the process, procedures and documentation for these programs. 
  • Mezzanine Financing - structuring and closing mezzanine and other high-yield structured financing, including mezzanine tranches and separate mezzanine facilities, “B” Notes or similar junior participations in securitized loans, and other senior-subordinate debt transactions. 
  • Construction Lending – representation of lenders and borrowers on multi-million construction loans, as well as structuring and refinancing to permanent loans. 
  • Problem Loan Resolution and Creditors Rights – appointment of receivers, perfecting assignments of rents, foreclosure proceedings, and the implementation of forbearance, discounted payoff, and other problem resolution structures, techniques, and remedies 
  • Acquisitions and Dispositions – complex, multi-project and portfolio transactions; counseling in the formation of various real estate investment entities, and the tax and other issues related to investment structures 
  • Development Services – due diligence and land acquisition; financing; negotiation and documentation of development services, construction, architectural, and other agreements 
  • Other Commercial Real Estate Loans – involving properties of all types.

Representative Matters 

  • Represented a health care-focused private non-traded real estate investment trust in its $117 million purchase of a portfolio of 20 specialized outpatient treatment centers.
  • Representation of a commercial mortgage subsidiary of a major national life insurance company in the negotiation, documentation and closing of over 160 loans secured by various types of property located in more than 25 states. 
  • Representation of the conduit lending arm of a large commercial finance company in the creation of a small loan conduit program and closing of over 100 conduit loans in more than 22 states. 
  • Representation of major U.S banks in origination of loans and refinancing of existing loans secured by grocery-anchored retail, multifamily, and office properties throughout the Southeast. 
  • Representation of a major New York investment bank in making an $11.7 million mezzanine loan that is subordinate to a $61.7 million senior construction loan and $35 million of bonds for related construction of a retail shopping mall in central coastal California. 
  • Representation of the holder of a senior mezzanine tranche in a $100 million mezzanine loan that is subordinate to a $275 million securitized mortgage loan secured by a hotel and conference center in Tennessee. 
  • Representation of the agent bank regarding a $175 million syndicated secured term loan facility secured by equity interests relating to approximately 140 apartment projects in connection with taking private of a $1.8 billion real estate investment trust. 
  • Representation of an investor in connection with the acquisition of a $17.2 million junior participation interest in a $70.3 million senior loan secured by a Texas hotel. 
  • National workout counsel for the holder of a $30 billion portfolio of mortgage loans secured by multifamily properties throughout the country and directly responsible for more than 500 problem loans in over 30 states. 
  • Representation of various REMIC Trusts and special servicers in over 50 problem loans involving a principal balance in excess of $1.1 billion secured by commercial properties of all types. 
  • Representation of a participant lender in a $218 million loan to finance the construction of a 57-story and a 44-story luxury condominium buildings consisting of 1000 residential units, with an additional 24,465 square feet of commercial space, 1,365 space parking garages and related improvements, in Miami. 
  • National counsel for a nationally recognized multifamily investor in disposition of more than 150 apartment projects located throughout the United States that were acquired through foreclosure. 
  • Representation of a private U.S. REIT owned by an Australian public trust in all aspects of its acquiring, financing and managing of class A office projects in several major cities. 
  • Representation of a hotel brand/owner of 13 hotels properties in a $450 million portfolio sale in the United States, Canada and the Caribbean in a tax efficient manner while retaining non-terminable management rights to the properties. 
  • Representation of numerous developers in the structuring, development, creation and formation of multiple master-planned communities each containing in excess of 400 acres, each community containing at least one master association, luxury amenities, either in terms of equity relationships or via deed restrictions, and multiple condominium and subdivision regimes. 
  • Counsel to one of the nation’s largest retail companies in the entire development life cycle, including land acquisitions and assemblages, development, permitting and entitlements, restrictive easements and covenants, leasing and back-end and surplus property sales.