Our legal practice focuses on the representation of local and regional lenders, financial institutions and equity investors and syndicates in connection with the structuring, negotiation, documentation and closing of commercial real estate and asset-based secured lending transactions, including but not limited to loan transactions related to multi-family and triple-net investment assets, securitization of entity ownership interests, mezzanine financing transactions, private equity real estate lending, construction lending, vessel and aircraft securitization and complex wrap-around financing. Financing experience also includes substantial borrower representation in connection with the origination, defeasance and/or assumption of conduit (CMBS) loans both of a peforming and non-perfoming nature.
In addition, our firm also concentrates on the representation of local and regional lenders, financial institutions and equity investors in the acquisition and disposition of non-performing loan assets and loan portfolios; loss mitigation analysis, loan forbearance and workout structuring and documentation; as well as foreclosure analysis and other asset-realization proceedings.
Furthermore, our firm has substantial experience in the structuring and documentation of complex IRC Section 1031 exchanges of real property assets, personal property assets and intangible property assets as well as the representation of investors in real estate related corporate matters such as entity structures and special purpose entity requirements, shareholder agreements and stock and business asset sales.
Representative Transactions
- Representation of equity investor in connection with the acquisition and transfer of a non-performing commercial real estate loan collateralized by vacant 336 unit multi-family property subject to Low Income Housing Tax Credit (LIHTC) restrictions and covenants along with simultaneous pre-packaged loan forbearance and consensual foreclosure agreement.
- Representation of anchor commercial tenant in connection with foreclosure and workout negotiations related to foreclosure of underlying shopping center real property assets and rejection of achor tenant lease, as well as subsequent repackaging of lease and underlying real property assets to regional equity investor.
- Represenation of equity owner in connection with tenant lease default and loss mitigation strategies relating to triple-net, single-asset property.
- Representation of economy, extended stay hotel chain in connection with default and workout negotations of matured loan portfolio secured by extended stay hotel real property assets.
- Representation of equity investor in connection with post-foreclosure acquisition of distressed, non-performing multi-family property and simultaneous closing of mini-perm construction and rehabilitation loan with foreclosing lender.
- Representation of equity investor in connection with the acquisition and transfer of a vacant 128 unit multi-family property and subsequent closing of acquisition and construction/rehabilitation loan facilities.
- Representation of equity investor in connection with the negotiation, documentation and closing of $9,500,000 cross-collateralized multi-state, multi-family property rehabilitation loan secured by real property assets.
- Representation of equity investor in connection with acquisitions and financing of $1,800,000 multi-family property loan.
- Representation of private equity lender in connection with the negotiation, documentation and closing of a privately held $2,500,000 wrap-around loan of an existing and underlying $2,500,000 conduit loan and privately held $300,000 subordinated, deferred equity mezzanine loan.
- Representation of regional lender in connection with the structuring, negotiation, documentation and closing of warehousing line of credit secured by private equity residential investor mortgage loans.
- Representation of equity investor in connection with negotiation, documentation and closing of $4,500,000 cross-collateralized, subordinated construction/rehabilitation loan.
- Representation of equity investor in connection with acquisition of 452 unit multi-family complex and negotiation, documentation and closing of related seller-financed acquisition loan.
- Representation of private equity lender in connection with negotiation and closing of deed-in-lieu transaction involving wrap-around financing related to multi-family conduit loan in the amount of $2,900,000.
- Representation of local lender in connection with negotiation and documentation of tri-party repair and physical needs escrow and disbursement agreement.
- Representation of equity investor in connection with acquisition and assumption of existing conduit loan financing relating to $10,980,000 Class A retail shopping center.
- Representation of equity investor in connection with acquisition of $16,800,000 retail shopping center and related conduit loan financing.
- Representation of regional lender in connection with acquisition and transfer of non-performing $38,000,000 GE Capital asset-based revolving credit facility and redocumentation and restructuring of loan terms and maturity.
- Representation of national lender in connection with the securitization and perfection of income stream from professional sports contract and professional sports management firm.