Real Estate Real Estate Finance

We are experienced in structuring a variety of methods, including:

• Acquisition, Construction, and Permanent Financing
  • Our lawyers represent lenders and borrowers in the full range of construction and permanent real estate financing transactions throughout the United States. Often, our transactions involve complex, multi-state financings secured by large portfolios of properties. We have substantial experience with all major property types, including office, retail, industrial, hotel and resort properties, and multi-family residential developments (including apartments and condominiums).
• Multi-family Agency Financing (Fannie Mae and Freddie Mac)
• Loan Syndications and Participations
  • Our lawyers represent syndication agents, administrative agents, and issuers of letters of credit in documenting and negotiating loan agreements with inter-creditor provisions that govern rights among several credit providers under a single credit facility. These transactions typically involve market-driven structures that provide for risk allocation among several lenders and are led by an administrative agent. We also prepare and negotiate participation agreements among participating lenders.

• Loan Sales
  • We represent sellers, buyers, and lenders with regard to loan portfolio transactions. Structuring loan portfolios—and providing due diligence review of a pool of loans being acquired or financed—requires detailed review of all aspects of the documentation for each loan. Appropriately staffed teams of our lawyers will conduct a due diligence review, including review of public records reports, existing loan documents and leases, and the title to each property. Our attorneys are highly skilled in the areas of project and team organization and management—both of which are critical because the volume of documentation involved in these types of transactions can be substantial.

• Workouts and Restructurings
  • Our lending lawyers provide advice to lenders as to their rights and remedies in a defaulted loan scenario—and offer advice with respect to restructurings, workouts, foreclosures, and deeds in lieu of foreclosure, as appropriate. We draft and negotiate forbearance agreements and loan modification documentation. Additionally, we assist our clients in assessing risk positions among the various creditors and suggest strategies for maximizing repayment of the loan.

We have extensive experience in serving lenders and borrowers in specialized areas:

• Convenience stores
• Golf course and resort owners/operators
• Health care facilities
• Hotel owners/operators
• Manufacturers
• Motor vehicle dealers
• Multi-family and affordable housing owners/developers/investors
• Office parks
• Restaurants
• Retail tenants and landlords
• Shopping centers
• Utilities
• Waterfront owners
• Condominium developments
• Wind power developments
• Solar power developments

Hinckley Allen represented a major national bank as agent and lender in connection with a $200,000,000 mortgage loan made to a subsidiary of a major national real estate investment fund to finance the acquisition of a 655,000-square foot office/retail building located in the financial district of Boston, Massachusetts. We worked quickly and creatively with both our client and the borrower with respect to the structure of the transaction, and played an integral role in the drafting and negotiation of all loan documents on behalf of the agent, as well as with the review and approval of due diligence. The transaction involved the review and analysis of several major leases, including the renewal of a U.S. government lease for a large percentage of the rentable area of the building. Hinckley Allen worked with the agent to structure many of the loan terms around said lease renewal. With a short deadline to close, Hinckley Allen assembled a strong team of attorneys and paralegals and closed the transaction in six weeks.

Other Notable Experience:

• Our firm regularly represents issuers and investors in subordinated debt transactions.

• We serve as local counsel to collateral agents in senior secured credit facilities. As such, we advise on the legal requirements regarding business and collateral located in New York, Connecticut, Massachusetts, New Hampshire, and Rhode Island.