Commercial Real Estate

Finance

Kroll, McNamara, Evans & Delehanty represents lenders in the structuring, closing and servicing of real estate finance transactions throughout the United States. The Firm represents many of the country’s most prominent commercial banks and insurance companies in their capital markets and portfolio real estate secured lending. The Firm also represents pension fund advisors and other institutional real estate investors as borrowers in leveraging their real estate portfolios. Over the past several years, the Firm has represented parties in real estate finance transactions in most of the fifty states.

Kroll, McNamara, Evans & Delehanty’s approach to representing clients in finance transactions is characterized not only by our ability to identify risks, but more importantly, by our focus on helping clients assess those risks in terms that are both practical and relevant.  We develop workable solutions that permit our clients to achieve their business objectives while protecting their interests.  Our practical, efficient and business-oriented approach not only protects our clients, but also helps them to maintain and enhance important relationships with other transaction participants.  In fact, our entire approach to closing loans, from employing procedures that streamline the process and minimize costs, to the crisp execution of closings by a team of experienced attorneys and legal assistants, is designed with the goal of enhancing our client’s image and reputation in the marketplace.

Commercial Leasing and Asset Management

We represent both landlords and tenants throughout the nation in retail, office, and industrial leasing transactions involving the negotiation and drafting of space leases, pad leases, and ground leases. We are national or regional counsel to several institutional investors-landlords as well as a number of major retail tenants. Our role as leasing counsel entails the traditional tasks of negotiating legal issues and drafting relevant provisions. In addition, we also provide advice and analysis relating to the effect various leasing strategies may have on specific financing and lender considerations as well as the overall asset management goals of the property. As a result of the knowledge we have obtained in other practice areas, such as lender representation, we provide our clients with a unique and valuable perspective.

Acquisitions and Dispositions

Kroll, McNamara, Evans & Delehanty has traditionally assisted clients with the acquisition and disposition of all forms of commercial real estate. We handle the acquisition and sale of office buildings, shopping centers, hotels, residential complexes, industrial properties, and undeveloped land throughout the United States and off-shore. We have extensive experience in the structuring of joint ventures and partnership transactions, sale-leasebacks, ground lease transactions, and acquisitions and sales involving debtors subject to bankruptcy proceedings.

Hotels

Kroll, McNamara, Evans & Delehanty has represented a variety of clients in the acquisition, disposition, financing and licensing of hotel properties.   We have substantial practical knowledge of the operational, management, and accounting practices distinctive to hotels, and a strong understanding of the issues and concerns that are unique to the hospitality industry. We have considerable experience representing financial institutions in making both construction and permanent loans on hotel projects, and in the workout or restructuring of such loans. We are also experienced in the negotiation of hotel management agreements.

Development

Since the inception of the firm, Kroll, McNamara, Evans & Delehanty has represented clients in connection with a broad range of development projects. Our wide-ranging experience in this practice area includes retail, office, industrial, hotel, multi-family residential and mixed-use facilities.  We have assisted clients with virtually every aspect of the development process including site due-diligence, acquisition, permitting, financing, leasing and management issues.  We have experience in PILOT (payment-in-lieu-of-taxes) programs as well as more traditionally-funded developments.  Our attorneys, some of whom had significant experience in property development prior to joining this firm, bring a business perspective as well as their legal knowledge to our representation.  Consequently, we are able to provide clients with advice that is both practical and legally sound.

Workout and Restructuring

Kroll, McNamara, Evans & Delehanty maintains a strong practice in the workout and restructuring of troubled loans and the disposition of distressed real estate.  Our firm advises clients regarding defaults, workouts, restructurings and foreclosures.  In addition, when working with problem credits we are able to draw upon the rich experience of our attorneys in representing creditors and borrowers in many facets of commercial finance.   As a result, we are able to assist clients in evaluating their positions and taking the right steps to preserve maximum value.  We have developed sophisticated loan summary forms to help both portfolio lenders and capital markets lenders review and evaluate problem loans.  Our attorneys also have experience in working through complicated multi-creditor issues and documenting intricate restructuring arrangements.   We understand that difficult situations put a premium on the efficient delivery of legal services.  We achieve this by using an experienced team that focuses on the practical and the possible when assisting clients in evaluating options and executing their strategy.   When necessary, we have the ability to call upon our team of seasoned litigators who are experienced in enforcing creditors’ rights and handling foreclosure actions in state courts, federal courts and bankruptcy courts.

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