Real Estate Lending

Overview

We help clients with all aspects of secured and unsecured lending law. Lenders and borrowers across the country rely on us for structuring, documenting, negotiating and closing complex private debt financing transactions involving real estate and related collateral. We represent local, regional and national banks and insurance companies, in addition to commercial finance companies, and mezzanine lenders, as well as real estate developers and investors.

Our deep experience includes transactions such as construction loans, mini perm, term, non-recourse term, revolving credit and conduit loans and include both syndicated and single lender loans. In addition, the team assists loan servicers in various commercial mortgage-backed securities (CMBS) loan servicing and workout matters.

We partner with our Litigation, Bankruptcy and Workout attorneys to successfully handle many foreclosures, restructurings, workouts and in court and out-of-court liquidations, loan enforcement and other borrower litigation, and all aspects of litigation associated with secured loan transactions. We’re also included on teams handling corporate mergers and acquisitions and other deals with significant real estate lending exposure.

Experience

  • Represented bank extending term and revolving debt to provide a line of credit to fast food franchisor for future restaurant acquisitions and to refinance existing mortgages on a 30+ property real estate portfolio.
  • Represented regional owner of 2.5 million square foot portfolio of flex and mid-rise office properties, including acquisition, sale, leasing, finance and recapitalization transactions.
  • Representing a national bank in construction loans for multi-family, condominium, retail, office/warehouse and office projects.
  • Represented national bank in connection with a $107 million line of credit secured by industrial warehouse facilities in Texas, California and Arizona.
  • Represented regional bank in connection with $30 million credit facility secured by 44 retail furniture stores across multi-state region.
  • Represented agent bank in connection with $85 million syndicated senior secured loan to extended stay hotel company secured by portfolio of 24 hotels.
  • Represented a bank in connection with warehouse loan facility to a specialty finance company for use to make SBA 504(b) loans for securitization in new federal capital markets program.
  • Assisted national provider of assisted living facilities with a $40 million line of credit loan financed by real estate acquisition and construction projects.
  • Over a 10 year period represented a major international real estate company in the purchase, sale and financing of real estate with a total transaction value of $8 to 10 billion. Representation included formation, operation and dissolution of joint ventures with regional and super regional shopping center, retail and industrial property owners, and the purchase, financing and sale of office building and industrial properties. The transaction size ranged from approximately $20 million to approximately $325 million, the securitized debt secured by jointly owned shopping center ranged from $70 million to approximately $200 million and conventional bank debt transactions were at various amounts up to $1.6 billion.
  • Representation of regional developer in acquisition, redevelopment, leasing and re-financing of neighborhood shopping centers in Georgia and Alabama, including negotiation of big box anchor leases and restaurant ground leases.

  • Represented national lender in connection with an A/B note restructure of a $175 million loan secured  by an office building in Seattle, Wash.
  • Represented an investor in restructuring a $50 million loan and ownership structure relating to an offshore resort hotel. The representation was complicated by the refusal by some of the investors to participate in additional equity financing for the project and a contentious relationship with the hotel operator.
  • Represented CMBS lenders in connection with loans ranging from $1 million to $40 million, secured by office, retail, apartment and hotel properties located throughout the United States.
  • Represented national lender in connection with $4,890,000 acquisition and construction loan secured by apartment property in Orlando, Fla.
  • Represented national bank and non-bank lenders in due diligence aspects of loan acquisition transactions regarding more than 300 real estate and asset based loans.
  • Represented lender in connection with workout of $200 million CMBS loan secured by a trophy hotel in New York City.
  • Represented a national bank in facilitating construction loans and refinances for office and residential development in Georgia and Florida.
  • Serving as engagement partner to and counsel to a national provider of real estate financial services and related borrowers in revolving credit facilities and bridge loans.
  • Representation of borrower in the refinancing of $8 million in loans on multiple franchisee hotel properties involving complicated negotiations with lender, franchisor and joint venture partner.
  • Represented a specialty chemical products company in (i) a secured lending transaction focused on security of owned multi-state commercial real estate assets and related documentation and negotiation in relation to a $320 million credit facility and (ii) the negotiation of a sale and drafting of a Purchase and Sale Agreement for owned property valued at more than $3 million located in Brockton, Mass.
  • Assisted municipal issuer of more than $20 million in tax-exempt bonds to finance an urban redevelopment project consisting of a hotel and adjoining conference center in Washington, Ga.
  • Represented life insurance company in various loans ranging in size from $2 million to $50 million, secured by office and retail properties located in Georgia.
  • Represented CMBS trust through its master servicer lender in connection with a modification of $600 million of loan assets secured by approximately 150 single tenant buildings.
  • Represented CMBS trusts in connection with various receivership sales of property located in Georgia, Tennessee, Florida and other states.
  • Represented national lender in connection with $15 million permanent loan secured by a shopping center located in South Carolina.

    News & Insights