Arnold & Porter LLP’s commercial real estate lending practice is national in scope and encompasses the full range of sophisticated real estate financing transactions on behalf of both financial institutions and borrowers, including loan origination, loan purchases and sales, work-outs, restructurings, and exercise of remedies. Our clients benefit from our insight into senior/subordinate and co-lender structures, as well as the securitization process, and our attorneys maintain close contacts with the major credit rating agencies and remain informed with respect to their standards, policies, and procedures.
Origination
Our attorneys have represented investment banks, commercial banks, mortgage banks, funds, insurance companies and other financial institutions in the origination of more than US$20 billion in mortgage loans and mezzanine loans, both intended for securitization and held in portfolio, secured by all types of collateral, including office buildings, regional malls, retail shopping centers, hotels, multi-family residential complexes, mixed-use projects, healthcare-related projects, single-tenant retail sites, and commercial and residential condominium and cooperative residential projects. In addition, our attorneys are actively involved in the origination of construction loans, real estate debtor-in-possession (DIP) financings, participating loans, shared appreciation loans, convertible loans, loans backed by credit leases, Shariah financings, and loans secured by ground leases, as well as preferred equity investments.
Loan Purchases and Sales
Our attorneys have extensive experience representing both purchasers and sellers in the acquisition and disposition of mortgage and mezzanine loans (including senior/subordinate interests and participations).
Work-Outs, Restructurings, and Exercise of Remedies
Arnold & Porter’s commercial real estate lending practice includes extensive work-out, restructuring and enforcement matters (including mortgage and Uniform Commercial Code (UCC) foreclosures) on behalf of both lenders and borrowers (including on behalf of holders of senior/subordinate, participating and beneficial interests in mortgage and mezzanine loans and securitization trusts) relating to all types of commercial real estate loans and related collateral. Our attorneys are experienced in navigating complex inter-creditor rights and issues arising in the restructuring of multi-layered financings.