CMBS/CLO Originations and Servicing


Our experience in mortgage loan and other lending transactions ranges from acquisition and permanent loans to construction, participating mortgage, and revolving credit facilities; and from structured and mezzanine financings to loan servicing and workouts and restructurings. We frequently represent institutions lending on their own balance sheet or on behalf of managed funds. We also have extensive structured capital markets experience. Carlton Fields lawyers have had an integral involvement in CMBS lending and commercial real estate collateralized loan obligation matters since the industry began.
We handle virtually every facet of the business, from developing the process, procedures, and documentation for new origination programs to closing hundreds of loans. Our work involves  closings for single loans as well as multistate real estate portfolios. We handle deals secured by a mix of real and personal property. 
In addition, we assist our clients in loan servicing matters. We have represented master and special servicers in a variety of areas. We represent both institutional clients in connection with servicing matters relative to loans maintained on their own balance sheets, and master and special servicers. Our substantial experience includes loan assumptions, transfers of interests in borrowers, substitutions of collateral, defeasance transactions, and the unique REMIC and other issues that arise with specially serviced CMBS loans. 



  • Represented large, Wall Street based CMBS originator in the negotiation, documentation, and closing of fixed rate loans secured by properties of all types located throughout the United States.
  • Represented commercial mortgage subsidiary of a major national life insurance company in the negotiation, documentation, and closing of over 200 loans secured by various types of property located in more than 25 states.
  • Represented large life insurance company with respect to a 61-property, $385 million portfolio mortgage loan involving properties in 12 states.
  • Represented nationally recognized securities rating agency in connection with the rating of securitized liquidating trusts and securitized pools of CMBS loans, including review of pooling and servicing agreements, offering documents, large loan documents, intercreditor agreements, and opinions of counsel.
  • Represented national pension fund advisor in connection with a participating construction/permanent mortgage loan for a multi-family apartment development in Denver.


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