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Real Estate Finance

The attorneys at McKenna Long & Aldridge (MLA) represent lenders and borrowers in a broad range of finance transactions—utilizing their extensive expertise in acquisition, construction, bridge, permanent and mezzanine loan transactions; cross-collateral transactions; multi-parcel transactions; revolving lines of credit; and interest rate swaps and caps. 

We routinely provide advice regarding initial loan consultation, structuring, drafting, administration, restructuring, modifications, workouts and foreclosures.  Our finance attorneys also routinely assist lenders and borrowers with the review and negotiation of acquisition contracts; construction contracts; architectural agreements, and leases; review of title-related matters; and performing borrower-related, land use and environmental due diligence.

Project Lending

MLA’s attorneys have extensive experience representing national and state banking associations, insurance companies, and other institutional lenders, as well as borrowers in connection with mortgage loan transactions for all major types of commercial real estate projects including:

• Mixed use
• Office
• Hotels and resorts
• Condominiums
• Medical office buildings
• Apartments
• Golf courses
• Shopping centers and retail
• Student housing
• Warehouse and industrial
• Self storage

Our attorneys are adept at negotiating and closing deals involving both single properties and portfolios of numerous properties located throughout the U.S.—providing clients with practical guidance during the entire lifespan of the transaction, from structuring through closing. This deep experience enables us to anticipate and address potential issues before such issues delay or even derail the transaction. Additionally, our understanding of the sensitivities and competition within the lending marketplace enables us to provide the practical advice needed to ensure a seamless closing process.

REIT Financing

For more than 20 years, we have been structuring, negotiating and documenting REIT financings. Typically representing the lead lender and agent in large syndicated credit facilities, we have worked closely with the lenders that are most active in purchasing interests in these types of facilities, and are intimately familiar with their investment requirements and concerns.  In balancing the often competing concerns of the agent, lead lender, borrower and syndicated lenders, we successfully design creative risk mitigation techniques that provide the requisite level of assurances to the agent, lead lender, and syndicated lenders without unduly prejudicing legitimate borrower interests.

Construction Lending

Knowing that construction lending presents greater risks for the lender as compared to other types of loans, MLA provides practical, effective advice regarding the interplay of the development, construction, and leasing processes in order to effectively manage this risk.  More sophisticated capital structures, including the use of mezzanine financing, present additional risks for construction lenders. MLA attorneys have closed loans for the construction of all types of projects across the U.S., from free-standing buildings to mixed-use projects.  

Our attorneys are widely known for their experience and practical approach to effectively understanding, documenting, and managing the special issues presented by construction financing.

Subordinated Debt

Debt that may be contractually subordinated to senior debt may be needed in instances where a typical mezzanine facility will not work. In these facilities, the structure of the transaction and the rights and obligations of the senior and subordinate lenders are critical. MLA attorneys are experienced in understanding and structuring these transactions to protect the interests of both the senior and subordinate creditors.