Commercial Real Estate Finance

We have a team of attorneys who focus exclusively on the commercial real estate finance industry. This group counsels loan originators, loan servicers, loan sellers, loan purchasers and borrowers through a range of opportunities and challenges. Our focused team is also supported by a deep, talented roster of legal professionals who focus in all related areas of law.

In connection with loan originations, Frost Brown Todd represents the real estate capital markets groups of investments banks, life insurance companies, national banks and approved lenders for government sponsored enterprise loans. In the past 15 years, that team has handled in excess of 3,000 transactions. We also represent a wide variety of servicing clients in connection with the modification and enforcement of their loan documents. Our Midwest presence, but national focus, also allows our clients to gain a competitive advantage in pricing their transactions.

Commercial Mortgage-Backed Securities (CMBS)

Frost Brown Todd lawyers represent CMBS loan originators, master servicers, special servicers and borrowers in connection with CMBS loan originations, loan workouts, servicing actions, foreclosures and deeds in lieu of foreclosure transactions.

Loan Originations
Frost Brown Todd attorneys have led teams in closing over 3,500 loans in all 50 states totaling approximately $35 billion in volume. This includes closing over 800 loans totaling nearly $13 billion in volume since the start of 2010. This work is predominately on the lender side, but includes a significant amount of regional work for a handful of REIT clients, as well as multiple regional developers. Unlike most law firms in the Midwest, Frost Brown Todd’s attorneys are also able to issue non-consolidation, springing member, authority to file and New York law legal opinions.

Master Servicing
Frost Brown Todd attorneys have routinely represented master servicers in connection with a variety of servicing related matters. We also have represented borrower clients in connection with both sides of assumption transactions. And, we have expertise in assisting clients with tenant bankruptcies.

Special Servicing
We represent a variety of special servicers, generally in the enforcement of the loan documents through the foreclosure process, or by taking title through a deed in lieu of foreclosure. We have also represented borrower clients in connection with challenges that have arisen in working with special servicers.

Life Insurance Companies

The attorneys at Frost Brown Todd have extensive experience representing life insurance companies in real estate lending matters, closing billions of dollars of loans in 40 states.

Loan Originations
Frost Brown Todd attorneys routinely represent a number of life insurance companies and a multitude of borrower clients in connection with loan originations. These engagements have allowed for us to close life insurance company loans for over a half dozen life insurance companies in over 40 states.

Servicing
Frost Brown Todd also serves as the primary outside counsel of a national life insurance company client in handling the legal needs of its servicing department. This includes modifications, workouts, restructurings, assumptions, leasing matters and deed in lieu of foreclosure transactions.

Balance Sheet Lenders

Frost Brown Todd lawyers represent a number of national and regional banks in connection with their middle-market and national commercial real estate finance projects.

Loan Originations
We represent a number of national and regional commercial banks in closing their portfolio of balance sheet loans. In addition, we routinely assist national and regional borrower clients closing balance sheet loans.

Servicing
We represent many of the same financial institutions in connection with servicing their commercial real estate portfolio, handling modifications, workouts, restructurings, assumptions, bankruptcy matters, foreclosures and deeds in lieu of foreclosure.

Government Sponsored Enterprise (GSE) Loans

Loan Originations
The legal professionals at Frost Brown Todd have represented both lenders and borrowers in loan originations that utilize GSEs. This includes (i) loans that are insured by the Federal Housing Administration pursuant to the National Housing Act (FHA-insured or HUD loans), (ii) loans closed by the Federal National Mortgage Association’s (Fannie Mae) Delegated Underwriting and Servicing (DUS) program, and (iii) loans closed through the Federal Home Loan Mortgage Corporation’s (Freddie Mac) Capital Markets Execution (CME) program. Unlike most law firms in the Midwest, Frost Brown Todd’s attorneys are also able to issue non-consolidation, Delaware springing member, and Delaware authority to file opinions, which are now required under certain GSE programs.

Servicing
We represent an agency client on a variety of servicing matters and generally handle the foreclosure process for projects with such backing. We have also represented borrower and lender clients in connection with certain general servicing matters for FHA-insured (HUD) transactions, including transfer of physical assets (TPA or loan assumption) transactions.

Mezzanine Loans & Preferred Equity

Frost Brown Todd attorneys routinely assist clients in connection with mezzanine loan and preferred equity transactions for commercial real estate projects. This work is predominately on the lender side, but includes a significant amount of regional work for a handful of REIT clients, as well as multiple regional developers.

Recognition

Several of our real estate lawyers are recognized by Best Lawyers® in America, Chambers USA® Client's Guide, Super Lawyers®, and Martindale-Hubbell.

Our attorneys are active members of the leading national real estate industry groups, including American College of Real Estate Lawyers, Counselors of Real Estate, ABA Real Property, Probate and Trust Division, BOMA, CCIM, and International Council of Shopping Centers, as well as numerous state and local organizations in our region.

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