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Real Estate Finance

Handling Financing for Transactions of All Sizes

Our attorneys represent both borrowers and lenders in financing real estate transactions throughout the U.S. — ranging from single-property financings to complex multi-property, multi-jurisdiction securitized deals. We counsel owners, developers and lenders on financing acquisitions, developments and redevelopments across multiple asset types, including offices, industrial, retail, hotel, residential, senior care facilities and student housing. We are creative in our approach and extremely attentive in addressing the details that can make or break a deal. Our team regularly advises clients on:

Innovative, flexible, tax-efficient financing options

  • Financing through equity and debt (senior, mezzanine, securitized, and plain vanilla)
  • REIT structures and partnerships 
  • Financing with institutional lenders and national and local banks
  • Multifamily project financings through Fannie Mae and Freddie Mac

Experience

Saul Ewing Arnstein & Lehr attorneys advised on these select real estate financing-related representations:

  • Two partnering companies that invest in and operate health care facilities in the refinancing of two separate portfolios of senior independent living and health care facilities under Fannie Mae’s multifamily financing programs in Alabama, Florida, Georgia, South Carolina and Tennessee. We served as borrowers’ and guarantors’ counsel, rendering loan enforceability opinions under District of Columbia law as the choice of law selected by Fannie Mae. Nearly contemporaneous with these two portfolio financings, we also served as local counsel for separate Freddie Mac financings of two health care facilities, one in the District of Columbia and the other in Philadelphia.
  • An affordable housing developer in its acquisition of a collection of 25 apartment buildings and two vacant lots in Connecticut and in obtaining the financing to substantially renovate the buildings.
  • A real estate developer in two refinancing transactions for a South Florida retirement community project. The first refinancing was for $46.8 million and the second refinancing was a securitized loan transaction for $62 million. The second transaction involved complexities given the number of opinion letters requested and the structuring clean-up necessary to enable a non-consolidation opinion to be issued. Since the project is partially funded with EB-5 proceeds, we also prepared and updated EB-5 offering documents.
  • The U.S. entity of a Canadian retail REIT in a wide range of acquisitions, dispositions, refinancings and leasing matters in Connecticut, Maryland, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Texas, Virginia and West Virginia, including the $1.9 billion sale of its portfolio of 49 shopping centers throughout the United States.
  • A large overseas institutional investor in the purchase of a $600+ million, 75-site portfolio of industrial properties in the Chicago metropolitan area in six tranches over 15 months. We also handled the refinancings and restructurings of the portfolio, including a deed-in-lieu transaction for a component of the portfolio.
  • A global real estate investment, management and development company in the development, financing and construction of a mixed-use project comprised of a hotel, a residential apartment/condominium building and retail located in Washington, D.C. We advised on how best to legally structure the project; drafted various condominium documents, covenants and easements for the project; obtained critical government approvals, and drafted the covenants and easements for the interaction of all the separate uses within the project.
  • A private real estate investment and management firm in financing multiple medical and commercial office buildings.
  • A borrower in a construction loan transaction secured by land in Denver, Colorado.
  • A large-scale real estate developer and operation with respect to a proposed equity recapitalization for an apartment project located in Reston, Virginia, encumbered by Freddie Mac financing.
  • Multiple apartment groups with regard to loans for the construction of mixed-use apartment and retail projects.
 

Recognition

The group includes attorneys who have received the following recognition:

Trade Groups & Associations