Banking & Financial Institutions

Cox Castle represents a variety of traditional and nontraditional lenders, including banks, insurance companies, pension funds, nontraditional finance companies, and private investment funds, in the financing of real property and in connection with real estate-related transactions. We provide our clients with all-encompassing finance capabilities, including the initial structuring and closing of finance transactions, loan administration, workouts, and loan restructures. Our attorneys have extensive experience and knowledge in various aspects of lending, and we partner with our clients to anticipate potential challenges and guide them through the most complex lending transactions.

We represent lenders across all parts of the capital stack in acquisition, development, construction, bridge, and permanent loan transactions. Our dedicated group of attorneys routinely represents real estate secured lenders and mezzanine lenders, as well as administrative agents, participants, and syndicate lenders in both borrower-lender and intercreditor relationships. As a result, we typically draft and negotiate a variety of intercreditor, participation, and loan syndication agreements. We also counsel originating lenders in obtaining loans from, or selling loans to, counterparties and represent counterparties in making loans to, and acquiring loans from, originating lenders.

The breadth of our financing engagements is not limited by property type or asset class. We have been involved in numerous fee and ground lease financings of residential, resort, hospitality, industrial, commercial, retail, and mixed-use projects. Our financing transactions frequently involve both real and personal property. We also have extensive experience with transactions that are cross-collateralized and/or involve multiple borrowers and states.

We are particularly knowledgeable concerning California’s anti-deficiency and "one action" statutes applicable to real estate-secured loans and the special considerations applicable to loans secured by a combination of real and personal property, as well as the unique issues that arise under revised Article 9 of the Uniform Commercial Code.

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