Polsinelli combines a growing national footprint with diverse and business-oriented financial services practices to provide pragmatic legal counsel throughout the life cycle of any CMBS transaction. Our attorneys have partnered with loan originators, issuers, loan sellers and servicers on a national basis in all aspects of the CMBS market since the market’s earliest days, and we utilize that experience to deliver strategies that are legally seamless and fiscally sound. This comprehensive approach has led to the closing of more than 5,000 CMBS and real estate loans of more than $52 billion in principal amount, the successful representation of loan sellers and servicers in more than 1,075 securitizations, and the enforcement of more than 1,700 commercial loans worth more than $4 billion in the past five years.

Polsinelli’s clients benefit from responsive and efficient service that is made possible by a network of attorneys arrayed across the nation from Los Angeles, Phoenix, Dallas and Denver to Kansas City, St. Louis, Chicago, Atlanta, and New York. This network allows the firm to engineer staffing and resourcing strategies that ensure economical and streamlined guidance in any location across the United States. 

Attorneys in our Real Estate Finance, Securitization and Structured Finance, and Capital Markets practices apply collaborative and collective experience to provide customized service for businesses in any stage of a CMBS transaction. The firm’s Loan Origination and Loan Enforcement attorneys – in conjunction with the Capital Markets practice – can structure loans for the conduit securitization market and service securitized loans in workout and enforcement matters, and are well-versed in defending (and defeating) lender liability claims such as breach of fiduciary duty, “control” claims, fraudulent transfer, and wrongful loan administration. We also stand ready to guide lenders and borrowers through the complex maze of structured finance documents associated with high-dollar, multi-tranched real estate debt structures.

In total, clients benefit not only from our legal insight, but also our industry awareness, business acumen and proactive mindset. Our cross-practice collaboration allows Polsinelli to provide counsel in loan origination, securitization, loan administration, deficiency, loan sales, transferring of servicing rights, loan restructuring, workout and enforcement, special servicing matters, and relations among parties in highly tranched debt stacks. We understand it, we have done it, and we are prepared to guide our clients in accomplishing their goals through all of it.
  • Represented a loan servicer in multiple modifications to a $1 billion plus loan structure secured by nearly 200 properties.
  • Represented a CMBS loan servicer in the acquisition of a $121 billion portfolio of primary, master and special servicing rights.
  • Closed a series of loans by a CMBS lender to a national hospitality REIT involving $110 million principal amount secured by 11 properties in seven states.
  • Represented a CMBS loan servicer in the acquisition of a $27 billion portfolio of primary, master and special servicing rights.
  • Issuer’s counsel in CMBS transaction – Key Commercial Mortgage 2007-SL1 – involving $237 million pool of small balance loans.
  • Counsel to Loan Servicer sued in connection with servicing of $160 million loan secured by hotel, spa and casino in Las Vegas, Nevada. Case dismissed.