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Industry Expertise:


Related Practices:

Real Estate Finance

Overview


Contact: Mark Edelstein  or Marc Young

Real estate finance is an important part of Morrison & Foerster’s real estate practice. The firm represents many of the principal domestic and foreign institutions providing financing and related investment support for real estate acquisition, development, construction, and long-term investment.  Our clients include banks, investment banks, finance companies, insurance companies, mezzanine investment funds, and mortgage real estate investment trusts (REITs).  We assist in structuring and documenting a wide variety of lending transactions, including conventional mortgage loans, development and construction loans, syndicated loans, loans originated for securitization, mezzanine loans, A/B loans, credit lease and credit enhanced financings, and “hybrid” loans, such as participating and convertible mortgage loans. 

A significant part of our finance practice involves the representation of lead lenders in the origination and syndication of large syndicated loans and structured loans.  We have extensive experience in negotiating intercreditor and co-lender arrangements.  We regularly represent lenders in connection with financings to real estate investment and opportunity funds, secured and unsecured credit facilities to REITs, and loans for the acquisition of discounted debt and other distressed assets.  We have experience in documenting and negotiating financing transactions involving all major real estate product types, including office, commercial, industrial, multi-family, residential, hospitality, and energy. 

Our representation of clients is not limited to lenders.  We also frequently represent borrowers.  This representation allows us to combine our knowledge of the constraints and challenges faced by the real estate owner/developer with our understanding of the legitimate concerns and requirements of the lending community.  This, in turn, enables us to facilitate appropriate solutions to the issues, and ensure the efficient negotiation and closing of transactions.

We represent our clients in transactions involving assets in the U.S. and abroad.  We have particular expertise in Asia, and our Real Estate Group includes a number of real estate attorneys are resident in our Tokyo office . In the U.S., we are regularly involved in multi-asset, multi-state lending arrangements.