Commercial Real Estate Finance
Integrating local market knowledge with coast-to-coast experience.
Our team focuses exclusively on the commercial real estate finance industry, where we counsel loan originators, servicers, sellers and borrowers through a range of challenges and opportunities. We handle everything from CMBS loan originations, loan workouts and servicing actions to foreclosures and deeds in lieu of foreclosure transactions. In the last decade alone, our team has closed in excess of 3,500 transactions across the U.S., totaling approximately $38 billion in volume.
Our clients include the real estate capital markets groups of investments banks, life insurance companies, national banks, balance sheet lenders, debt funds, and approved lenders for government-sponsored enterprise loans. We are also unique among middle-American law firms in that we can issue non-consolidation opinions, special Delaware opinions (including no dissolution and authority to file), and New York enforceability opinions for our borrower clients.
Areas of Focus
Our team works predominately on the lender side, but we’ve also completed a significant amount of regional work for a handful of REIT clients as well as numerous regional developers. Unlike most law firms in Middle America, our attorneys are able to issue non-consolidation, springing member, authority to file and New York law legal opinions.
We routinely represent master servicers in connection with a variety of servicing-related matters. We also have represented borrower clients in connection with both sides of assumption transactions, with added efficiency assisting clients in tenant bankruptcies.
We represent a variety of special servicers, generally in the enforcement of the loan documents through the foreclosure process, or by taking title through a deed in lieu of foreclosure. We also help borrower clients address challenges related to working with special servicers.
Our attorneys routinely advise a number of life insurance companies and a multitude of borrower clients on loan originations. These engagements have allowed us to close life insurance company loans for over a half dozen life insurance companies in over 40 states.
We also serve as the primary outside counsel of a national life insurance company client in handling the legal needs of its servicing department. This includes modifications, workouts, restructurings, assumptions, leasing matters and deed in lieu of foreclosure transactions
We represent a number of national and regional commercial banks in closing their portfolio of balance sheet loans. In addition, we routinely assist national and regional borrower clients closing balance sheet loans.
We represent many of the same financial institutions in connection with servicing their commercial real estate portfolio, handling modifications, workouts, restructurings, assumptions, bankruptcy matters, foreclosures and deeds in lieu of foreclosure.
Our team represents both lenders and borrowers in loan originations that utilize GSEs, including (1) loans that are insured by the Federal Housing Administration pursuant to the National Housing Act (FHA-insured or HUD loans); (2) loans closed by the Federal National Mortgage Association’s (Fannie Mae) Delegated Underwriting and Servicing (DUS) program; and (3) loans closed through the Federal Home Loan Mortgage Corporation’s (Freddie Mac) Capital Markets Execution (CME) program. Notably, we have the authority to issue non-consolidation, Delaware springing member, and Delaware authority to file opinions, which are now required under certain GSE programs.
We represent agency clients in a variety of servicing matters and generally handle the foreclosure process for projects with such backing. We also represent borrower and lender clients in connection with certain general servicing matters for FHA-insured (HUD) transactions, including transfer of physical assets (TPA or loan assumption) transactions.
Our attorneys routinely assist clients in connection with a mezzanine loan and preferred equity transactions for commercial real estate projects. This work is predominately on the lender side, but includes a significant amount of regional work for a handful of REIT clients, as well as multiple regional developers.
Several of our real estate lawyers are recognized by Best Lawyers® in America, Chambers USA® Client’s Guide, Super Lawyers®, and Martindale-Hubbell. Our attorneys are also active members of the leading national real estate industry groups, including American College of Real Estate Lawyers, Counselors of Real Estate, ABA Real Property, Probate and Trust Division, BOMA, CCIM, and International Council of Shopping Centers, as well as numerous state and local organizations in our region.
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