While the nature and variety of lenders has changed markedly in the last quarter-century, the fundamentals of security agreements have held relatively constant. These range from such basics as fee and leasehold mortgages, security agreements, subordination, non-disturbance and attornment agreements, to documentation of complex mezzanine lending and partnership preferred returns. The depth of the Group's experience in institutional lending has benefited both lenders and borrowers.
Members of the group have significant experience in resolving issues arising from distressed real estate. This experience includes loan modifications, workouts, restructurings, foreclosures, and distressed sales and auctions. Working in such circumstances, members of the group bring knowledge of both client needs and industry requirements. Because of the diverse skills of the group and McCarter's geographic and legal footprint, the group can bring a multi-dimensional approach to complex problem properties which often cannot be properly addressed without such a broad knowledge and experience base. When these investments require disposition, the Real Estate Practice Group is skilled in achieving an exit strategy by selling the asset or the title-holding entity. When necessary, the group's members work efficiently with McCarter's litigation, asset recovery, and bankruptcy lawyers to quickly and cost-effectively on the security.