Overview
Honigman’s Real Estate Lending and Finance practice has a long-standing reputation for providing practical advice and favorable results in the area of commercial real estate lending and financing. The scope and scale of our Real Estate, Business Transactions, and Bankruptcy/Reorganization practices allow us to dedicate appropriate personnel and resources to matters at all levels of complexity, from routine engagements to distinctive, groundbreaking projects. Our depth of experience and specialized capabilities allow us to handle unique and complicated commercial real estate lending matters and creatively address unusual situations in an efficient and cost-effective manner.
Our attorneys represent lenders and borrowers in all types commercial lending transactions, including CMBS loans, portfolio loans, mezzanine and preferred equity financing, revolving lines of credits, construction loans, loan defeasance, bridge loans, loan participation/syndication, balance sheet financing and PACE loans, throughout the many phases of the lending relationship. We regularly partner with other practice groups within our firm, including our tax, regulatory, environmental, litigation, bankruptcy, restructuring, workouts and loan sales, and corporate and securities practice groups to assist in supporting our clients and their complex financing transactions. Our services include providing advice on the legal consequences of specific loan structures, including subordinate debt, mezzanine debt, cash management and cross collateralization; advising on letters of credit, swap agreements, and interest rate derivate transactions; representing clients in connection with various forms of tax-exempt and tax-assisted transactions; and counseling lenders that provide debtor-in-possession financing.
Our practice also collaborates with lenders on loan workouts and loan modifications and restructures, both inside and outside of the courtroom. With respect to distressed and defaulted loan matters, our services include: review of loan documents and analysis of the status of perfection of security interests and potential claims; note and loan document purchase transactions both pre-and post-enforcement actions; establishment of workout strategies, along with legal and business advice connected with strategy implementation; drafting and negotiating of forbearance agreements, deed in lieu agreements, loan modification agreements, and other documentation; representation in state court foreclosures and claim and delivery proceedings; and representation in bankruptcy matters, including cash collateral issues, debtor-in-possession financing, adequate protection issues, relief from automatic stay, and plans of reorganization.
We also counsel lenders in developing business practices and procedures designed to minimize the risk of exposure to lender liability, environmental, and other claims. Honigman's experience in these matters makes us especially effective in defending lenders in liability litigation.
Honigman’s commercial real estate lending practice group handles all aspects of lending transactions across all asset classes, including retail, hospitality, office and industrial, multifamily and affordable housing, self-storage, manufactured housing, and mixed-use projects. We represent all types of lenders in originating commercial real estate loans including national banking associations, mortgage REITs, private debt funds, insurance companies, and other financial institutions and market participants.
Our practice also collaborates with lenders on loan workouts and restructures, both inside and outside of the courtroom. With respect to troubled loan matters, we offer the following services:
- Review of loan documents and analysis of the status of perfection of security interests and potential claims
- Assessment of the borrower’s financial and business prospects
- Advice on secured creditor and lender protection
- Review of business plans and projections prepared by borrowers
- Establishment of workout strategies, along with legal and business advice connected with strategy implementation
- Negotiating and drafting of forbearance agreements, restated loan agreements, and other documentation
- Representation in state court foreclosures and claim and delivery proceedings
- Collection of judgments and recovery of personal property
- Representation in bankruptcy matters, including cash collateral issues, debtor-in-possession financing, adequate protection issues, relief from automatic stay, and plans of reorganization
We also counsel lenders in developing business practices and procedures designed to minimize the risk of exposure to lender liability, environmental, and other claims. Honigman's experience in these matters makes us especially effective in defending lenders in liability litigation.
