Commercial Real Estate Financing
Commercial Real Estate Finance Attorneys
Friedlander Misler’s commercial real estate finance attorneys have represented financial institution lenders and borrowers in the D.C. metropolitan area and around the country for more than 60 years. We have significant experience representing lenders and borrowers in transactions involving conventional loans, securitized loans, HUD, and Fannie Mae and Freddie Mac loans. As a result of being well versed on both sides of financing transactions, our practice gains a comprehensive understanding of commercial transactions, enabling us to foresee potential challenges, negotiate favorable agreements, and provide customized solutions that safeguard our clients’ interests and ensure successful outcomes.
On the lending side, our firm assists local, regional, and national money center banks with real estate loan transactions involving construction, acquisition, and development, including issuing lines of credit. We also advise lenders on foreclosures and workouts on delinquent commercial loans.
On the borrowing side, clients rely on our commercial real estate finance lawyers to negotiate favorable loans that provide capital and operational support to their businesses. We handle commercial loan transactions from origination through repayment and take steps, as required, to protect collateral. As part of our mission to serve as indispensable advisors to our clients, we tailor specific financing solutions and help negotiate the terms of the loan to best support our client’s immediate needs and long-term objectives. In addition, our lawyers are knowledgeable about Federal Reserve Regulation D compliance matters.
Whether you are a financial institution, an investor, or a business seeking financial backing, our commercial real estate finance attorneys have the experience to negotiate the most favorable terms and to protect your interests in transactions. Additionally, if a loan repayment issue arises, our lawyers are skilled at facilitating effective resolutions.
Loan Origination
When representing lenders, our attorneys assist with the loan origination process by conducting due diligence on loan risks, regulatory compliance, collateral valuation, and other important factors related to the loan application. Our participation helps our lender clients reduce the risks of default on the loan and protects these clients if the borrower does indeed default.
When representing borrowers, we negotiate term sheets, commitment letters, and loan documents. Our commercial real estate finance attorneys also work closely with our clients to comply with the lender’s due diligence requirements to ensure a smooth and timely closing. Since we have significant experience handling these transactions from a lender’s perspective, we find that we can craft solutions to issues raised by a lender in its underwriting review before such issues create delays or complications.
Our counsel is customized to meet our client’s objectives. When structuring loan transactions, we meticulously analyze your particular needs to tailor the financing solutions accordingly.
Workouts and Foreclosure
Friedlander Misler’s commercial real estate finance attorneys seek to reduce risks and establish safeguards during the loan origination process. In the event a default does occur, however, we assist both lenders and borrowers in negotiating a favorable workout or successfully foreclosing upon the asset.
Once a default has occurred, we take decisive steps to mitigate any damages incurred or to be incurred by the lender. If the borrower has filed for bankruptcy, we represent our clients’ best interests during the reorganization of the business or liquidation of assets. Our goal during bankruptcy proceedings is to recover the maximum amount on both secured and unsecured loans. Learn more about our bankruptcy services here.
When handling a mortgage default, we advise clients on their options and consider the costs of litigation and the potential results before recommending the best course of action. Often, we are able to help restructure the loan to allow the debtor to satisfy delinquencies, make future payments, and ultimately repay the loan in full. We might negotiate a workout if the debtor cannot satisfy the note even with adjustments to the loan terms. If foreclosure becomes necessary, we follow strict protocols to ensure that our client remains in compliance during the foreclosure process such that the client can fully realize upon its remedies.
If a borrower client is unable to meet its obligations to creditors, we analyze the client’s available options and advise on steps to take to minimize liability and protect their investment. We have significant experience negotiating workouts on behalf of borrower clients when bankruptcy is and is not a viable option.
