Real Estate Financing

The real estate lending market is constantly changing.   Whether due to shifting of lenders’ appetites for asset classes, project types, tenancies or other risk factors, market terms and conditions for loans continually evolve.

Sacks & Imir LLP represents owners/borrowers with a large volume of loans funded by a variety of different lenders and is closely in tune with lending practices and with terms which can be negotiated.

Whether negotiating non-recourse carve outs, escrows and their release, curing of debt service coverage ratio failures or flexibility in leasing, our firm vigorously represents our owner/borrower clients in obtaining the most favorable terms possible under the given circumstances. Our understanding of the relationship between lenders’ underwriting of an asset’s income stream and the impact on financing of key lease terms and conditions enable us to help our clients properly position an asset for financing and most favorably navigate the commitment and closing process.   Our appreciation of the lender’s threshold business and legal needs for a transaction help us to assist our clients in satisfying the lender’s minimal closing conditions expeditiously while maximizing our clients’ operational flexibility under the loan documents on a going forward basis.

We close construction loans, permanent loans, mini-perms and bridge loans with lenders ranging from banks, credit unions and insurance companies to CMBS and hard money lenders. We negotiate seller purchase money loans and preferred equity arrangements. Our attorneys have completed loan assumptions with most of the nation’s major servicers. We have also completed many commercial loan defeasances and 1031 exchanges.

Our clients range from entrepreneurial owners and developers to corporate users to NYSE REIT’s. From the initial term sheet through the commitment letter and the closing of the loan, we draw on our legal experience and business understanding to add value.