As the real estate finance and capital markets landscape changes, increased regulation and scrutiny of capital investment vehicles is inevitable in the marketplace. Seasoned legal professionals who have weathered past storms and have the necessary depth of experience in all phases of the securitization process, beginning with its underpinnings in the REMIC tax laws, through termination of the securitization trusts and disposition or liquidation of trust assets, are essential partners for those industry players desiring to navigate in the capital markets world today.

Kilpatrick Townsend Real Estate Finance and Capital Markets attorneys are nationally recognized in providing legal services to the capital markets industry and have played a significant role in the industry since its evolution from RTC roots. Team attorneys collectively provide counsel and legal services relating to all aspects of commercial mortgage securitizations. We are heavily involved on a daily basis in virtually all aspects of CMBS transactions. At the same time, we are also experienced in advising with respect to various types of RMBS issues.

The Real Estate Finance and Capital Markets team is loosely divided into efficient groups of lawyers focusing on specific aspects of securitizations and servicing work and is supported by selected teams of lawyers practicing in Environmental Law, Bankruptcy, Insurance and Commercial Litigation who have experience with the unique characteristics and idiosyncrasies of PSAs and securitized mortgages.

Kilpatrick Townsend is one of very few firms selected as REMIC Counsel to major industry leaders and is exclusive counsel to a significant number of B-Piece investors. In addition, industry leaders retain our firm for specialized services, such as originating mortgage loans for securitization and advising master and special servicers with respect to general loan servicing issues, loan modifications and consents, REMIC issues and opinions, defeasances, workouts, foreclosures and the exercise of other remedial action, the operation and disposition of REO and mortgage loan acquisitions and sales.

Real Estate Finance & Capital Markets

Experience Highlights

Formation of real estate investment funds for real estate investment, development and finance company
Represented a real estate investment, development and finance company in the formation and securities offering of six real estate investment funds. more
Banking and financial services for servicers and lenders
Represents servicers and lenders in post-origination loan modifications, loan assumptions, and loan defeasances. more
Bankruptcy filing of a large national retail REIT; Restructuring of Mortgage debt
Assist special servicers with interpreting provisions in applicable pooling and servicing agreements, intercreditor agreements, participation more
Asset management agreement and transactional structuring for an investment advisory service company
Assisted an investment advisory service company with its asset management agreement for a complex, multibillion dollar transaction involving a more

Contact Us