Real Estate Lending

We represent clients in their capacities as lenders, issuers, underwriters, sponsors, servicers, special servicers, trustees, collateral managers, credit enhancers, purchasers and investors in connection with a wide range of structured investments. Our lender clients include banks (domestic and foreign), insurance companies, finance companies, pension funds, private equity funds, investment funds and other financial institutions. We also regularly represent borrowers, including developers, property owners and managers, investors, mortgage originators and servicers, Real Estate Investment Trusts (REITs) and other investment funds.

In the course of these financing transactions, Locke Lord lawyers routinely deal with intercreditor and subordination agreements, construction contracts, planning/zoning approvals, mortgage securitization issues, repurchase agreements, custody agreements, non-consolidation opinions, environmental issues and tax credits and are able to summon the experience of their colleagues as needed to create an efficient multidisciplinary approach to complex transactions.

In addition, Locke Lord lawyers represent both lenders and borrowers in loan workouts and debt restructuring transactions as well as sellers of and investors in distressed debt.

Our lawyers have experience in debt workouts; loan restructurings; complex loan modifications; pre-negotiation agreements; forbearance agreements; waivers and releases; short sales; foreclosures; receiverships; voluntary and involuntary bankruptcies and reorganization of real estate entities (both outside and within a bankruptcy proceeding); assignments for the benefit of creditors; deed-in-lieu transactions; liquidations; auctions; public and private UCC sales; enforcement under assignments of rents; defense of RICO charges and other foreclosure liability claims against lenders; defense of attempts to recharacterize loans as equity; fraudulent conveyance and preference matters; note and loan sales; and suits against guarantors, bonding companies and title insurance companies.

Locke Lord lawyers are also active in advising clients on general corporate tax and transfer issues in connection with obtaining and divesting title to real estate.