Kennerly Lamishaw & Rossi LLP

Finance and Lending

Kennerly Lamishaw & Rossi’s attorneys’ focus on financing, development, leasing, construction, and investment of retail, commercial, office, industrial, multi-family and mixed-use projects in the United States. The Firm represents both domestic and international lenders, borrowers, investors, developers, and retailers.

Representative samples of the types of finance transactions in which the Firm’s lawyers have been involved include the following:

  • Real estate financing transactions involving the origination of conventional loans, construction loans, loans earmarked for securitization, mezzanine financing, loan participations and other financial products for private equity funds, banks, insurance companies, conduits, and other private lenders.
  • Portfolio and individual loan sales, disposition of REO properties and loan restructurings (“workouts”) discounted pay-off transactions, complex option sales in connection with loans in foreclosure for private equity clients, a regional Korean-American bank, and a regional savings and loan.
  • Securitization of residential, commercial, and time share loans.
  • Acquisition of a “B Piece” of a loan of over $300 million secured by property to be developed into luxury condominiums in Beverly Hills, California for an institutional lender.
  • Sale-leaseback and financing transactions involving more than 100 properties located in over 20 states for hedge funds and other institutional investors.
  • Acquisition of a variety of national real property and real estate loan portfolios for a major investment banking.
  • Workout of a loan secured by a multi-use property (hotel, retail, and office) encompassing a city block in Washington, D.C. for a large national bank.
  • Prepared form loan documents for the retail, hotel, and multifamily loan conduit programs of a major investment banking firm.
  • Representation of Freddie Mac in acquisition of various loan portfolio purchases.
  • Assisted large national financier of time-share interests in connection with the securitization of over $100 million in loans.
  • Advised the Resolution Trust Company in first national auctions, sealed bid portfolio offerings, and securitizations of commercial, residential, and industrial properties and loans.
  • Representation of a number of REITs, providers of tenant-in-common fractional interests and other property owners and investors in connection with construction and permanent financings of retail, multifamily, condominium, industrial and hospitality properties, including conventional loans, loans subject to securitization, securitized loans, and mezzanine debt.
  • Advising REITs and other borrowers in connection with the receipt, modification, defeasance and assumption of securitized loans.

Other areas in which our Firm has extensive experience include:

  • Negotiating limited liability company and other joint venture agreements bringing together property interests and financing capacity for development projects.
  • Experience in development agreements and construction contracts between owners, contractors, and the public sector.
  • Negotiating a wide range of retail leases: big box leases, specialty leases, theater leases, supermarket leases, restaurant leases, ground and pad leases.

The Firm has developed an extensive computerized library of loan documents, purchase and sale agreements, form leases, construction agreements, and REAs. The resumes of the individuals in our Firm are available upon request.

For more information about our Finance Practice Group, please contact Howard A. Parelskin or Maggie Bertisch.