Real Estate and Land UseCorporate and Financeemail
Today’s challenging economic, real estate and credit market conditions pose great risks for investors. That said, with risks often come opportunities to those with the experience and skill to evaluate, manage and exploit them. Manatt represents clients at every phase of the real estate cycle, including the inevitable downturns, partnering our experience and market knowledge with that of our clients to take full advantage of the distressed asset marketplace.
The Best Mix of Core Competencies
As a leading advisor to financial institutions and private equity investors, we have decades of experience representing lenders, borrowers, investors and other participants in structuring distressed asset transactions and in negotiating and resolving the unusually complex legal issues relating to such deals.
We offer a full spectrum of services in the distressed asset arena. Our experience includes the representation of:
Loan Portfolio Transactions
For nearly 20 years we have represented buyers, sellers and financiers in the purchase, sale and financing of mortgage and other loan portfolios, closing over 100 such transactions. Drawing on that experience, we help clients develop asset acquisition and disposition strategies that suit their business objectives and risk tolerance, and then we work to implement those strategies throughout the contract negotiation and drafting, due diligence, pricing, conveyancing and postconveyancing stages.
Our work on both the buy and sell sides of portfolio transactions helps us stay abreast of the competitive landscape, the evolving standards and criteria by which clients evaluate investments, and the latest market terms. In other words, whether serving as buyer’s or seller’s counsel, we are able to anticipate the other party’s concerns and create transaction structures to address them.
Workout, Restructuring and Bankruptcy
Our workout and restructuring practice covers the representation of all creditor and investor interests in loan recovery and debt restructuring, both inside and outside of bankruptcy, with particular emphasis on the representation of institutional clients. We help lenders resolve problems that arise in managing foreclosed real estate, servicing mortgages and administering loan portfolios. We also advise lenders with respect to the various risks associated with the holding, managing and disposal of troubled real estate, particularly lender liability, environmental and financial regulations, and the management of those risks.
We have negotiated and documented debtor-in-possession financing transactions for debtors and lenders and represented numerous clients in the acquisition and sale of distressed assets and businesses in Chapter 11 and Chapter 7 bankruptcy proceedings, from straightforward Section 363 sales transactions to highly contentious prepackaged reorganization plans.
The management and workout of loans transferred to pooled investment vehicles, such as mortgage-backed securities trusts, have their own complexities. The securitization structure, real estate mortgage investment conduit (REMIC), and sometimes grantor trust, tax considerations and contractual limitations tend to restrict the choices available to borrowers and lenders and add layers of procedural formalities to the financial analysis and communications among parties.
Our lawyers help borrowers, servicers, investors, trustees and other parties to securitized commercial mortgage loan transactions understand how the pool-level governing documents relate to the underlying loan documents.
Loan Purchase and Sale Transactions
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