Commercial Mortgage Backed-Securities

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Commercial Mortgage Backed-Securities

Berger Singerman team members are well-versed in the commercial mortgage backed-securities (“CMBS”) arena. Our full-service CMBS practice group incorporates a broad spectrum of real estate, corporate, tax and restructuring attorneys and this collaborative approach allows a keen focus on emerging trends and innovations in the dynamic CMBS marketplace.

We are well-known for providing practical counsel to clients throughout the life cycle of CMBS loans. Our deep experience and capabilities allow seamless guidance from pre-closing application and underwriting periods to end of term maturities.

Our representative experience includes:

  • Refinancing: Effectuate refinancing through a diverse array of lenders, with practical experience in negotiating and closing the loan transaction economically.
  • Recapitalization: Creation of innovative venture platforms to inject new equity into undercapitalized borrowing entities.
  • Prepayments: Assist in analyzing the net present benefits of prepayment outside of open prepayment dates, including defeasance transactions.
  • Lender and Investor Sourcing: Identify potential lenders and investors for our clients’ desired transactions.
  • Modification and Holiday Agreements: Negotiate modification and holiday agreements in distressed circumstances by thorough analysis of loan and securitization data and documentation.
  • Pre-Negotiation and Foreclosure: Provide counsel and defense to clients in distressed situations, including defense of full or partial recourse liability allegations.
  • Discounted Payoff and Note Purchase Arrangements: Work with CMBS special servicers and third party CMBS consultants to obtain discounted payoffs and note purchase arrangements.
  • Restructuring and Liquidation: Analyze and implementation of appropriate restructuring options.
  • Foreclosure Litigation: Represent borrowers in defenses against foreclosures.
  • Shareholder Litigation: Represent investors in shareholder litigation against trustee for accepting loans without proper due diligence.

Despite the difficulties that the marketplace may experience with the wave of upcoming maturities through 2017, Berger Singerman believes clients can thrive by utilizing experienced counsel with creative strategies to achieve successful outcomes.