Servicing & Special Servicing

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Poised to adeptly navigate intricacies within today's dynamic and constantly evolving real estate and financial markets, while steadfastly safeguarding your interests.

With looming loan maturities, a higher interest rate environment, and a downward pressure on valuations across asset classes, servicers and special servicers require dynamic counsel to effectively address borrower demands and achieve competitive resolutions.

HOW WE HELP

Seyfarth’s Servicing & Special Servicing team represents a wide variety of loan servicers—including commercial mortgage backed securities (CMBS), Freddie Mac and collateralized loan obligations (CLO) securitizations for special servicers, master servicers, and sub-servicers. We also assist servicers and mezzanine servicers with servicing arrangements for Fannie Mae, life company, warehouse lending, and other finance facilities. Our priority—seamlessly addressing issues that impact our clients across securitization, tax, securities, regulation, asset management, loan modifications, new loan origination, workouts, foreclosures, insolvency, and litigation.

Notably, we dedicate a significant amount of time to assisting clients in reviewing, managing, negotiating, and documenting borrower requests related to warehouse loans, portfolio loans, CMBS, Fannie Mae, and Freddie Mac’s Multifamily Securitization (K Series) program, while ensuring compliance with all applicable servicing standards and tax rules.

A testament to our high regard in the marketplace, we represent many of the largest commercial real estate servicers and special servicers in the US, including several among the top 10.

OUR SERVICES

•           Securitization reviews

•           Assumptions and change of control transactions

•           Defeasance

•           Easements

•           Casualty/condemnation events

•           Partial releases

•           Loan extensions

•           Loan splits and participations

•           Subordinate debt

•           Commercial condominium conversions

•           Collateral additions, substitutions, and releases, equity transfers

•           Co-lender, intercreditor agreements

•           Due diligence and issues for B note investors and mezzanine lenders

•           Issues with tenants (leasing consents, SNDAs, and estoppels)

•           Property management substitutions

•           Reserve agreements

•           Cash management/lockboxes and deposit account control agreements

•           Franchise agreements

•           REMIC and other tax matters

•           REO lender structures and REO operational issues

•           Non-consolidation opinions

•           Rating agency confirmation

•           Borrower consent requests

•           Pool collapse (trust terminations)

•           Transfers of servicing

•           Sale of servicing rights

•           Guarantor replacements

•           Land swaps

•           Interest rate hedge substitutions