Servicing and Capital Markets
- Easements and licenses, workouts, loan modifications, foreclosures and related litigation, defeasance, assumptions, condemnation, intercreditor arrangements, TDRs, oil and gas leases, Pennsylvania mineral rights leases and ownership interest transfers.
- Securitization, including pooling and servicing agreements, trust agreements and participation agreements; tax and securities.
Commercial Real Estate Finance
- Experience in Fannie Mae, Freddie Mac and FHA transactions, including documenting and closing loans, multifamily revenue bonds, and regulatory matters. We have represented sellers and purchasers of pools of multifamily loans, including several Fannie Mae-approved DUS® lenders in the financing of a variety of market-rate and affordable projects.
- Representation of financial institutions, borrowers, owners and users in structuring and documenting loans, capital transactions and credit facilities involving REITS, mortgages, synthetic leasing, portfolio and mezzanine financing, sale leasebacks and structured debt.
- Representation of lenders, developers, investors and syndicators involved in low-income housing tax credit, historic rehabilitation tax credit, new markets tax credit and renewable energy transactions. Experience in tax-exempt bond financing.
- Fox attorneys work with clients on many types of sustainability projects, including solar leases, advising on federal and state incentives available for sustainability development, managing legal issues in building “green” construction from contracts with design professionals to financing documents with lenders, and preparing or reviewing “green” leases from a landlord’s or tenant’s perspective.
Financial Restructuring and Insolvency
If your borrowers have had issues in the past with bankruptcy, we can help. Our attorneys provide comprehensive services in the insolvency and distressed business contexts, in connection with all aspects of commercial real estate.
- Business and corporate reorganization
- Major secured and unsecured creditors in Chapter 11 and Chapter 7 cases
- Unsecured creditors’ committees
- Equity committees
- Chapter 11 and 7 trustees
- Investors seeking to capitalize on insolvency opportunities
- Debtors in Chapter 11 and 7 cases both as general and special counsel
Fox attorneys know the science, regulations and case law that impact environmental concerns.
- Sustainable “green” development and related finance
- Transactions and due diligence
- Compliance and enforcement
- Site remediation
- Product and “take back” requirements
Taxation and Corporate Securities
Our Taxation and Corporate Securities attorneys assist clients in a wide range of tax-related real estate issues such as representing private entities in obtaining tax credits and subsidized financing, assisting clients in public/private development partnerships in which we address tax-free exchange issues, and assisting clients in the formation of strategic joint ventures for commercial real estate properties and for the provision of capital or loans for project funding, with a specific emphasis on capital contributions and tax implications that may impact our clients.