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

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
Establishment of real estate fund and acquisition of seven billion kronor portfolio
Represented the largest private equity company in northern Europe in the establishment of an opportunistic fund with investors consisting of more
Subordinate CMBS certificates in over 150 CMBS securitizations
Represented over a dozen different investors in the acquisition of subordinate CMBS certificates in over 150 CMBS securitizations including more
Banking and financial services for servicers and lenders
Represents servicers and lenders in post-origination loan modifications, loan assumptions, and loan defeasances. more

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