Commercial real estate transactions run on capital the same way cars run on gas or electricity. And just like cars, the financing structures that support real estate transactions have become incredibly more complex and varied over the years.
Upshaw & Ware represents borrowers, lenders, and equity participants across the debt and equity financing spectrum from conventional mortgage loans to construction financing, mezzanine debt, preferred equity, bridge loans, and structured credit facilities. Our team can help you identify which of these options you ought to pursue and comply with the requirements of each one.
Debt Financing
We handle the full range of debt financing work for commercial real estate. On the borrower side, this includes loan negotiation and documentation for acquisition financing, construction and development loans, permanent loans, and bridge facilities. We negotiate loan commitments, work through term sheet issues before they become loan document issues, and represent borrowers through closing on loans of all sizes.
We negotiate and review loan documentation terms with an understanding of what matters operationally, not just what looks clean in the document. For clients on the lender side, we represent banks, credit unions, debt funds, and private lenders in originating, documenting, and closing commercial real estate loans. We also advise lenders on loan modifications, workout arrangements, and enforcement proceedings when loans move into default.
Construction and Development Financing
Construction loans are among the more complex commercial real estate financing instruments. Draw procedures, completion requirements, cost certifications, title update mechanics, and the relationship between the construction lender, the permanent take-out lender, and the equity structure all require careful attention. We have extensive experience with construction loan documentation from both the borrower and lender side, and we understand the practical dynamics of getting a development project financed and closed on schedule.
Structured and Equity-side Financing
The line between debt and equity financing has blurred considerably in commercial real estate. Mezzanine loans, preferred equity arrangements, and participating mortgage structures occupy different positions in the capital stack and carry different risk profiles, enforcement rights, and tax treatment. We advise clients on where in the capital stack a particular financing instrument sits, what rights attach to that position, and how the pieces interact when the full capital structure is assembled.
We also handle sale-leaseback transactions, ground lease financing, and the financing aspects of opportunity zone fund investments. These structures each have their own documentation requirements and legal considerations, and we approach them with the same depth we bring to conventional financing work.
Contact the Upshaw & Ware Team Today
Financing transactions require coordination from multiple parties, including borrowers, lenders, equity partners, title companies, surveyors, environmental consultants, and others. We manage the closing process with the goal of keeping transactions on schedule and addressing issues as they arise rather than at the closing table. Our clients have found that deals close more cleanly when experienced attorneys handle the process from the initial loan application through funding.
Financing markets move. Spreads tighten and widen. Lenders enter and exit asset classes. Underwriting standards shift. Our attorneys have financed real estate through different market conditions, which means we have seen how financing structures are tested and how they perform when conditions change. That history informs the advice we give on structure, documentation, and terms. Contact our team today.