Servicing Team
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Servicing Team
Our servicing team counsels clients in the management of commercial mortgage servicing. We represent an expansive number of clients with interests in commercial real estate financing, including government-sponsored entities (GSE), major financial institutions, nationally rated master and primary commercial loan servicers of CMBS, Freddie Mac, and Fannie Mae products. Our multidisciplinary team assists master and primary servicers in all aspects of loan servicing
Loan Assumptions/Transfers of Interest
We have closed hundreds of transactions for our clients, from small balance single-property assumptions to large, multiple property, multistate portfolio transactions. Our team has extensive experience in handling 1031 tax-free exchanges, tenant in common structures, and preferred equity structures. Our transfer-of-interest practice ranges from simple transfers of non-controlling ownership interests to complex mergers, and entity conversions. Clients rely on our team to develop their assumption/transfer programs and form documentation.
Consents and General Servicing
With extensive experience from both a business and legal perspective, we understand the challenges our clients face when it comes to the timely processing, reviewing, and approving (or denying) the multitude of borrower consent requests. We regularly assist clients in interpreting loan document provisions, pooling and servicing, co-lender, participation and intercreditor agreements, as well as providing guidance to structure transactions to produce a “win-win” for both servicers and borrowers while ensuring compliance with these agreements. We routinely represent servicers on the following:
- Amendments, extensions, modifications, or waivers to loan documents
- Cash management and clearing bank agreements
- Casualty and condemnation events
- Easements and restrictive covenants
- Guarantor replacement
- Lease reviews, amendments, assignments, and terminations
- Loan defaults
- Partial releases
- Property improvements and alterations
- Servicing agreement negotiation
- Subordination, nondisturbance, and attornment agreements
- Subordinate financings
Maturing Loan - Defeasance, Loan Payoff and Assignments
We work proactively with servicers to prevent a potential loss related to a maturing loan. We assist in the establishment of lockbox and cash management agreements, maturity extensions and forbearances, the processing of loan payoffs and assignment of loan documents (for mortgage tax state jurisdictions) and the defeasance of securitized loans