Capital Markets


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.


  • Represented a 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 a 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 a commercial mortgage subsidiary of a major national life insurance company in the negotiation, documentation, and closing of more than 200 loans secured by various types of property located in more than 25 states.
  • Represented a nationally recognized CMBS originator in the negotiation, documentation, and closing of more than 160 commercial real estate loans secured by various types of property located in more than 20 states.
  • Represented the conduit-lending arm of a large commercial finance company in the creation of a small loan conduit program and the closing of more than 100 conduit loans in more than 22 states. 
  • Represented a CMBS originator on more than 100 loans in a 12-month period in more than 30 states (and Puerto Rico) secured by core properties, hospitality, and health care facilities.
  • Represented a nationally recognized CMBS lender in the creation and implementation of a closing platform, including all licensing, closing process and procedures, and loan documentation matters.

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