We feature an exceptionally versatile group of real estate finance lawyers, with first rate legal skills and an innate sense of market terms at any given time.

Our clients include commercial, investment and private banks, insurance companies, pension funds, specialty lenders, funds, investors and borrowers who call on us for a wide range of financings, including portfolio financings, bridge loans, acquisition loans, permanent and construction financings, senior and subordinate mezzanine loans, syndicated loans and leasehold financings. We also regularly advise on issues involving intercreditor relationships and participation agreements within the capital structure.

We offer a deep understanding of every major asset type, including residential rental buildings, condos and cooperatives, offices, retail properties, shopping centers, hotels and industrial properties throughout the U.S.

Our clients also benefit because we frequently address and litigate issues from both a debtor and creditor perspective, including the representation of debtors, secured lenders, landlords and investors in all aspects of the workout, restructuring, reorganization and bankruptcy arenas. We also advise investors in the purchase and sale of complex mortgage and mezzanine loans, and in splits, participations and syndications, including A/B loan structures, and multi-party intercreditor and participation arrangements.

Herrick’s specialized Subscription Lending team is well established and respected in the market. We bring extensive experience on both the lender and borrower sides of the deal, resulting in a sophisticated practice well versed in all aspects of subscription lending. We focus on working with mid-sized lenders to identify the current needs of their program and assist in achieving their strategic business goals. We specialize both in working with lenders in the initial stages of creating a subscription lending program and with experienced lenders looking to improve the efficiency, costs or quality of their existing program. Herrick attorneys also have experience working on the borrower’s side of subscription lending and have detailed knowledge of lender requirements which enables our clients to focus on the big picture. We assist borrowers with lender requirements for partnership agreement language and advise on sensitive investor issues in order to ensure investor relationships are preserved while lender standards are met. Our real estate, corporate, funds and tax experience create a value add for borrowers looking to add a subscription loan option to their financing alternatives.

Areas of Focus:

  • Mortgage financings
  • Mezzanine financings
  • Construction and development loans
  • Syndicated loans
  • Preferred equity financings
  • Multiple property portfolio financings
  • Participations
  • Credit enhanced financings
  • Subscription lending or capital calls
  • Tax credit financings
  • Community development lending
  • Loan portfolio acquisitions
  • Distressed situations