Early Stages of a Commercial Loan Workout: Pre-Negotiation Agreements and Other Key Considerations

Mr. Goldman concentrates his practice in commercial real estate transactions. He is co-lead of the firm’s Distressed Situations Team. Mr. Goldman represents lenders, developers, owners, and investors in a variety of complex real estate financing transactions. Additionally, he represents loan servicers in connection with a wide array of loan servicing matters, including transfer of ownership matters (such as non-permitted equity transfers and loan assumptions), property substitutions, and leasing-related matters. Throughout his career, Mr. Goldman has closed numerous acquisition, permanent, interim/bridge, construction, and mezzanine loans. He also has led teams that have closed over $1 billion in mortgage loans, secured by various properties around the country, many for securitization in the capital markets, and has worked on syndicated and participation loan transactions. Mr. Goldman is heavily involved with distressed asset situations and has worked on many loan workouts and restructurings.

Mr. Lipkis focuses his practice on structured real estate finance, acquisitions, dispositions, hospitality transactions, commercial leasing, management, and construction matters. He represents national and foreign financial institutions, borrowers, real estate developers, owners and operators in various types of loan transactions, including portfolio loans (acquisition, construction, development, bridge, revolving, term, permanent and mezzanine), commercial mortgage-backed security (CMBS) loans, syndications, intercreditor and participation arrangements. Mr. Lipkis has experience representing purchasers, sellers and developers in complicated real estate transactions throughout the United States. He regularly counsels clients on a variety of due diligence issues, including title, survey and municipal regulatory matters.

Ms. Houck is an experienced litigation attorney and a member of the firm’s Real Estate Capital Markets Practice Group, with a particular practice emphasis on commercial real estate workouts and foreclosures. With more than two decades of litigation experience in various legal areas, her knowledge lies in providing legal counsel and representation to a diverse clientele, including lenders, special servicers, financial institutions, receivers, private investors and other businesses. Ms. Houck's approach to legal matters is characterized by her ability to blend her business acumen with legal strategies, aiming for amicable resolutions that align with her clients' business objectives. Nonetheless, she is also well prepared to engage in litigation when necessary. Her extensive litigation background includes trying lawsuits, conducting arbitrations and making appearances in state and federal courts across the United States. Ms. Houck was formerly a principal at an international law firm where she led the Commercial Real Estate Workout Team.