Commercial Real Estate Lending
Snapshot
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- Acquisition and refinance loans
- Construction loans
- Bridge loans
- Multi-property and portfolio financings
- Deeds of trust, mortgages and assignments of leases and rents
- Title commitment and policy review
- Survey review
- SNDAs, estoppels, and landlord waivers and consents
- Guaranties, including completion guaranties
- Loan assumptions
- Loan modifications, forbearances and extensions
- Property types: multifamily, office, retail, industrial, hospitality, gas stations and c-stores, mixed-use
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- Community banks
- Regional banks
- Private and hard-money lenders
- Individual and investor lenders
- Commercial landlords
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- Title, lease and use issues raised before funding
- Lending and real estate attorneys in one firm, with corporate and oil and gas attorneys alongside when the deal needs them
- Flat-fee or stair-step pricing on CRE loan documentation
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- Based in Texas and Tennessee, handling CRE loans in Texas, Tennessee and most other surrounding states
The property is the collateral. Know exactly what you’re lending against.
What could keep a property from protecting your loan?
A commercial real estate loan can look clean on the term sheet and still carry risk in the title, the leases or recorded restrictions. Feighny Hartle represents community banks, regional banks, private lenders and investor lenders on acquisition, refinance and construction loans secured by commercial property. We find the issues that affect your collateral before you fund, while there’s still time to fix them or price them in.
Title and use issues found before funding.
We closely review title commitments, underlying documents and surveys for what they actually say. On one commercial real estate loan, that review uncovered a recorded restriction that would have prevented the borrower’s intended use of the property. The lender learned about it before funding, not after. [CONFIRM: real matter, OK to describe anonymously] We also ensure that the lien is properly drafted and recorded, and that the title policy covers the risks your credit team cares about.
Leases that support the loan.
On income-producing property, the leases are part of the collateral. We prepare and review the documents that tie them to your loan: assignments of leases and rents, subordination, non-disturbance and attornment agreements (SNDAs), and tenant estoppel certificates. When the borrower is a tenant, we handle landlord waivers and consents so the closing doesn’t stall waiting on a signature.
Every stage of the property, from construction to refinance.
We document acquisition and refinance loans, and construction loans, including draw procedures and completion guaranties. Deals range from a single owner-occupied building to multi-property portfolios across states. When the deal also involves an SBA loan, a business acquisition or oil and gas interests, FH’s other practice teams are all available for support if needed.
