Real Estate Finance Law
GPS Law Group’s financial transactions practice represents a variety of institutional and private lenders, including banks, life companies, credit unions, finance companies, mortgage bankers, private investment funds, and other entities, as well as developers and other borrowers, in the secured financing of raw land, real estate construction projects, and existing income producing property. We have assisted clients with financing for all types of projects including office, industrial, residential, and retail projects, including shopping centers, office buildings, restaurants, hotels, apartment buildings, industrial parks, condominiums, planned unit developments, and mixed-use projects. We also assist clients with asset-based financing involving collateral such as stock, accounts receivable, inventory, equipment, crops, general intangibles, and entity ownership interests. Often, financing transactions involve both real and personal property.
Our finance capabilities include the initial structuring and closing of finance transactions, loan administration, workouts, and loan restructures, including:
Loan Negotiation and Documentation
We efficiently handle both standard and complex financing transactions, including acquisition, development, construction, bridge and permanent loan transactions, mezzanine loans, multistate/multiparcel cross-collateral transactions, revolving lines of credit, loans secured by ground leases, loans secured by fractional ownership interest receivables, trade finance, loan participations and syndications, and the issuance of letters of credit. We draft and negotiate all manner of loan documents, such as loan commitment letters, promissory notes, guarantees, loan agreements, and mortgages and deeds of trust, as well as a variety of intercreditor, participation, or loan syndication agreements.
Due Diligence Review
We have extensive experience in dealing with due diligence review, including the review and negotiation of contracts such as construction contracts, architect agreements, and leases; review of survey and title matters, and the negotiation of the form of title insurance policy; review of casualty, liability, and other insurance policies; and conducting land use and environmental due diligence.
Loan Negotiation and Documentation
We efficiently handle both standard and complex financing transactions, including acquisition, development, construction, bridge and permanent loan transactions, mezzanine loans, multistate/multiparcel cross-collateral transactions, revolving lines of credit, loans secured by ground leases, loans secured by fractional ownership interest receivables, trade finance, loan participations and syndications, and the issuance of letters of credit. We draft and negotiate all manner of loan documents, such as loan commitment letters, promissory notes, guarantees, loan agreements, and mortgages and deeds of trust, as well as a variety of intercreditor, participation, or loan syndication agreements.
Due Diligence Review
We have extensive experience in dealing with due diligence review, including the review and negotiation of contracts such as construction contracts, architect agreements, and leases; review of survey and title matters, and the negotiation of the form of title insurance policy; review of casualty, liability, and other insurance policies; and conducting land use and environmental due diligence.
Conduit Lending
We are experienced in dealing with the special issues involved in conduit loans for both lender and developer clients, including special purpose entity (SPE) requirements, yield maintenance or defeasance provisions, cash management and lock box requirements, and special bankruptcy non-substantive consolidation legal opinions.
Workouts
We have experience in representing borrowers and lenders in developing and implementing workout programs that address the interests of all parties to a transaction, including drafting and negotiation of forbearance agreements, maturity extensions, interest accruals, bifurcation of the loan into a performing piece and a nonperforming piece, additional capital requirements, and a myriad of other features. We are experienced in drafting and negotiating the workout documentation and title insurance coverage and close workout transactions.
Conduit Lending
We are experienced in dealing with the special issues involved in conduit loans for both lender and developer clients, including special purpose entity (SPE) requirements, yield maintenance or defeasance provisions, cash management and lock box requirements, and special bankruptcy non-substantive consolidation legal opinions.
Workouts
We have experience in representing borrowers and lenders in developing and implementing workout programs that address the interests of all parties to a transaction, including drafting and negotiation of forbearance agreements, maturity extensions, interest accruals, bifurcation of the loan into a performing piece and a nonperforming piece, additional capital requirements, and a myriad of other features. We are experienced in drafting and negotiating the workout documentation and title insurance coverage and close workout transactions.
Opinions
Our lawyers frequently serve as local counsel on matters involving Maryland real property, working with out-of-state lawyers in representing borrowers and lenders as Maryland counsel on financing transactions and with sellers and buyers in purchase transactions. When we serve as Maryland counsel for borrowers, we apply our knowledge of recordation and transfer tax laws and exceptions to assist the parties, and we often render opinion letters to the lenders covering matters about their borrowers and their loans, including enforceability of the loan documents. If you are an attorney or party to a deal that requires a Maryland opinion letter, GPS Law Group meticulously reviews the transaction and organizational documents to determine the enforceability of the contract, and the authority of the parties to enter into it. We deliver precise, well-founded opinion letters that instill trust and confidence for all parties involved.
Hard Money Lending
We represent private money/hard money lenders in all aspects of their financing needs. Our experienced private money lender lawyers can help with:
Commitment letters, Promissory notes/loan agreements, Mortgages/deeds of trusts, Assignments of leases or licenses/permits Security agreements, UCC-1 financing statements, Pledge agreements, Personal guarantees, title reviews, title policy reviews, etc.
Opinions
Our lawyers frequently serve as local counsel on matters involving Maryland real property, working with out-of-state lawyers in representing borrowers and lenders as Maryland counsel on financing transactions and with sellers and buyers in purchase transactions. When we serve as Maryland counsel for borrowers, we apply our knowledge of recordation and transfer tax laws and exceptions to assist the parties, and we often render opinion letters to the lenders covering matters about their borrowers and their loans, including enforceability of the loan documents. If you are an attorney or party to a deal that requires a Maryland opinion letter, GPS Law Group meticulously reviews the transaction and organizational documents to determine the enforceability of the contract, and the authority of the parties to enter into it. We deliver precise, well-founded opinion letters that instill trust and confidence for all parties involved.
Hard Money Lending
We represent private money/hard money lenders in all aspects of their financing needs. Our experienced private money lender lawyers can help with:
Commitment letters, Promissory notes/loan agreements, Mortgages/deeds of trusts, Assignments of leases or licenses/permits Security agreements, UCC-1 financing statements, Pledge agreements, Personal guarantees, title reviews, title policy reviews, etc.
