Lending

Carlton Fields represents numerous publicly traded and privately held financial institutions and mortgage bankers nationwide in all aspects of Fannie Mae and Freddie Mac (GSEs), and FHA-insured financings, through the U.S. Department of Housing and Urban Development (HUD) on multifamily, affordable, health care, and senior citizen housing transactions. 

We advise clients in connection with agency lending on an array of loan products, perform due diligence reviews, provide transaction documentation, analyze and advise on ownership structure, collaborate directly with the GSEs to obtain programmatic waivers, and ensure proactive legal support at all stages of the loan closing process to produce efficient closings and seamless delivery. Our services include advising on the origination, sale, pooling, securitization, and servicing of multifamily and commercial mortgage loans.

In our HUD/FHA-insured financing practice, we counsel clients on acquisition, refinance, rehabilitation, and new construction transactions for multifamily and health care facilities under the 223(a)(7), 223(f), 232/223(f) and 221(d)(4) loan programs. The practice includes tax-exempt bond financings enhanced by HUD insurance, Government National Mortgage Insurance Association mortgage-backed securities, IRP decoupling, and transfer of physical assets transactions. Our lawyers have effective working relationships with HUD headquarters and local office professionals. In addition, we regularly represent lender clients on bridge lending transactions in connection with the eventual refinancing into FHA-insured lending programs.

Our bank and insurance company clients are under unique competitive and regulatory pressures that perennially persist. As a result, we are committed to reducing these pressures whenever possible by closing loans on time, on budget and without drama. We have decades of experience working with major balance sheet lenders who will attest to our diligence, responsiveness, and efficiency.
 

Bridge Lending

Carlton Fields represents major financial institutions and other lenders in connection with the negotiation, documentation, and closing of commercial real estate loans throughout the country secured by every property type. As our clients continue to search for higher-yielding assets, our lawyers are regularly involved in closing bridge loans secured by properties in most every asset class.
 

Construction Lending

Our commercial real estate finance lawyers have extensive experience closing large, complex construction loans. We understand that being effective in closing construction loans requires a comprehensive knowledge of the development, construction, and leasing process as well as a thorough understanding of the underlying asset class being financed. Our lawyers have the experience required to address with precision the nuances that must be scrutinized in order to appropriately manage the risks inherently associated with construction lending.
 

Syndicated Lending

We represent financial institutions in syndicated loan facilities. We have served as lead counsel on hundreds of widely syndicated revolving credit facilities, term loans, mezzanine loans, and subordinated debt residential and land loans for a nationally recognized financial institution. These transactions included both secured and unsecured syndicated loans ranging from $50 million to $1 billion and included approximately 10 bank group members.

Carlton Fields lawyers have been integrally involved in CMBS lending since the inception of the industry. We have been actively involved in virtually every facet of the business, ranging from developing the process, procedures, and documentation for new origination programs to closing hundreds of loans. Properties financed include various retail, multifamily, office, hotel, industrial, mobile home, nursing home, and mixed-use projects located across the country. 

We acutely understand the competitive pressures that prevail in the marketplace and recognize that speed and efficiency in the closing process are essential to the success of a capital markets lending program. In contrast to the model employed by many of our competitors, the lawyers who are principally responsible for the active, day-to-day aspects of each loan transaction are some of the most senior lawyers in our group. Over time, we have found that the speed and efficiency that is essential for success can only be achieved when transactions are staffed with lawyers that have the experience required to exercise practical, common sense judgment in critical stages of the closing process.
 

Loan Servicing

Over time, we have been integrally involved in assisting a host of master and special servicers in a variety of areas. In particular, we have developed substantial expertise with respect to assumption of loans, transfers of interest in borrowers, substitutions of collateral, defeasance transactions, and the unique REMIC and other issues that arise with specially serviced CMBS loans. Our lean staffing model and philosophy, coupled with the depth and breadth of our experience, provides a value-added dimension to our servicing platform.

Carlton Fields has substantial experience in structuring and closing mezzanine and other high-yield structured financing, including mezzanine tranches and separate mezzanine facilities, preferred equity, “B” Notes or similar junior participations in securitized loans, and other senior-subordinate debt transactions. Our deep familiarity with the issues presented to mezzanine lenders, rating agencies, and senior lenders in these financings permits us to develop creative solutions to what are often complex negotiations.

Our team of commercial real estate and finance lawyers provides clients with a multidisciplinary approach that spans the spectrum of real estate finance and investment at all levels of the capital stack. We advise clients on all forms of finance, including acquisition, refinancing, development, and more. Learn more about our capabilities and experience with real estate workouts and problem loan resolution.