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Financial Services

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Services & Industries >> Financial Services >> Real Estate Finance

Real Estate Finance

Real Estate Finance

The firm brings expertise of unmatched breadth and depth in real estate law and finance to its representation of lenders and borrowers in a wide range of sophisticated construction and permanent real estate-secured financings of properties nationwide. The firm’s finance lawyers have long represented the nation's largest and most active financial institutions, including:

  • banks
  • investment banks
  • life insurance companies
  • credit unions
  • bridge lenders
  • private lenders
  • conduit lenders

We have extensive experience representing lead lenders and loan participants in participated construction and permanent real estate loans and commercial loans.

More information about our real estate lending capabilities.

Warehouse Finance

We represent warehouse lenders in the documentation, closing due diligence and enforcement of warehouse-lending transactions. We have pursued claims in California and several other states involving defaults under warehouse credit facilities. We have pursued warehouse borrowers, as well as transferees of collateral, and have been successful in recovering damage claims as well as foreclosing on personal property collateral. These include pursuit of claims for breach of master revolving credit and variable terms and letters, as well as claims for fraud related to credit facilities. We have particular expertise in foreclosure of personal property collateral.

Loan Servicing

We support national and regional lenders and loan servicers in the servicing of commercial and mortgage loans. Our transactional, litigation and bankruptcy lawyers focus on the management of special assets in workout, receivership, foreclosure, bankruptcy, REO management and disposition, and loan purchase and sale. We bring our skills in conduit finance and loan servicing to our representation of servicers of securitized loans, including in matters under pooling and servicing agreements, the REMIC provisions of the Internal Revenue Code, and rating agencies.

Loan Purchase and Sale

We regularly work with buyers and sellers of commercial and residential loans, including buyers and sellers of portfolios of distressed loans. We recently represented a regional bank in the $235 million sale of a portfolio of under-performing and non-performing loans.

Distressed Debt and Exercise of Remedies

Allen Matkins lawyers regularly assist financial institutions in the acquisition, disposition, servicing and resolution of distressed debt. Our lawyers handle routine loan modifications on defaulted loans as well as complex loan workouts and restructuring, judicial and non-judicial foreclosure, deed-in-lieu of foreclosure, receivership, enforcement of guaranties, and REO management and disposition. We advise on California’s one action and anti-deficiency laws and their potential impact on lender exercise of remedies against principal debtors and guarantors. We provide strategic and tactical assistance regarding the exit strategy for an asset. We have extensive experience coordinating local counsel across the country to prosecute and defend lawsuits involving all types of loans, and our teams address issues arising in the areas of banking, regulations, construction/mechanics liens, eminent domain and condemnation, title, foreclosures, probate and consumer banking.

Representative Matters