Boutin Jones INC., Attorneys at Law

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Real Estate Finance

The Basics

The firm’s real estate attorneys are also experienced in the documentation and negotiation of real property and mixed collateral secured loans. In addition to representing lenders and borrowers in connection with loan origination, we represent numerous clients in loan participations, the acquisition of outstanding loans, and the packaging and disposition of individual loans and loan portfolios. We acted as lead counsel in the acquisition of over 450 performing and nonperforming loans encumbering real property assets in 19 jurisdictions. Our attorneys routinely advise clients on the impact of the California “anti-deficiency” and “one action” rules on proposed and existing debt structures, and are experienced in structuring transactions and preparing security documents that maximize the availability of collateral in the event of default.

The firm has assembled a multi-disciplinary team of real estate, finance, business, litigation and bankruptcy attorneys with special expertise in advising and assisting institutional and private lenders, and borrowers, in commercial and real property loan transactions related to non-performing loans.  Our expertise extends to loan modifications, restructurings and workouts; judicial and non-judicial foreclosure; guaranties, letters of credit and other credit support vehicles; bankruptcy and insolvency matters; individual loan sales and portfolio loan sales; deed-in-lieu transactions; loan document review; and loan originations.

Representative Experience

  • Bank Special Loans. Represented a private equity investor in commercial office properties, in a management team buyout from Morgan Stanley of multiple joint-venture real estate assets and a $27 million securitized loan financing of the acquisition (2010-2011).
  • Borrower Buyout Financing. Representation of local and regional banks in the negotiation and documentation of “special loans” for OREO properties, ground lease financings and failed-project financings for condominium projects and conversion projects.
  • Creation of Loan Program. Our real estate group represented the CRHMFA Homebuyers Fund in the development and implementation of a $25 million Moderate Income Retrofit and Conversion Loan Program, including: (i) negotiation of the California Energy Commission grant contract; (ii) the structuring and creation of loan program documentation, vendor contracts and underwriting guidelines; and (iii) the creation of loan servicing guidelines in connection with long term loan program administration. We previously represented the State’s California Integrated Waste Management Board in the design, documentation and implementation of the CIWMB’s award-winning Recycling Marketing Development Loan Program (RMDZ).