The financing aspects of a commercial real estate deal have grown as complex as the capital markets that fuel them. The ability to navigate the maze of available financing alternatives and regulatory issues can be key to the success of any transaction. Katten's Real Estate Finance and Lending group brings vast industrywide experience, practical know-how and a deep bench to the financial structuring of real estate projects of every size and type. As part of a broad-based international practice, our attorneys are well-versed in both the financing and the investment sides of real estate transactions, and we represent lenders, owners and investors with equal skill.
The complexity of real estate transactions requires a comprehensive understanding of the asset being financed. As we represent both lenders and borrowers, our attorneys are adept, first, at understanding the structure of the transaction and the issues that need to be addressed (including potential problems that could affect the value and marketability of the underlying asset), and then, at conducting the required due diligence to uncover any additional potential issues. This enables us to suggest resolutions to such issues, so our clients can analyze the risks and structure the transaction to mitigate them. Working closely with our lenders and borrowers, as applicable, we negotiate solutions that protect their interests — regardless of asset type — while constantly moving the deal forward toward closing.
With offices in every major US real estate market, the UK and Asia, we have the geographic footprint to represent our clients on a national — and often international — basis. There are over 120 attorneys in our department, and this platform gives our clients access, in effect, to every one of them. This lets us staff transactions across offices to provide our clients with the most cost-effective service possible as well as with local geographic knowledge where necessary. Wherever the transaction occurs — and no matter how large the portfolio — we have the resources to guide lenders and borrowers to a timely, cost-effective closing, even in the most complex transactions.
We counsel sophisticated lenders, borrowers, owners and investors in commercial real estate financial arrangements including:
- Structured financing
- Loans intended for securitization, such as CMBS financing
- Portfolio financing
- Mezzanine financing
- Preferred equity
- Secured debt financing
- Construction financing
- Bridge financing
- Participations and other co-lending relationships
- Revolving credit loans
- Ground leasehold financing
- Loan dispositions
- Foreclosures and deed-in-lieu transactions
- Environmental issues
- REO dispositions
"'They do a good job of explaining legal situations for a layperson [and] . . . separating material issues from immaterial or minor ones so we can focus our time and effort in the right places.'"
Chambers USA 2018
(North Carolina, Real Estate: Finance) survey response
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