Real Estate Construction and Finance

Real estate construction and finance is an important practice for MPS, one in which we’ve built an exceptional track record in the Chicago area and beyond. We serve as outside counsel to financial institutions, investors, owners, and developers in connection with acquisition, development and construction loans, securitized lending, mezzanine and tiered financing, and equity investment, including exempt private-placements. As real estate lawyers with decades of experience, we devise win-win solutions for lender and borrower alike. Among the capabilities we bring to our clients:

• Analyzing due diligence material and organizational information for borrowers and guarantors
• Structuring, documenting, and negotiating project loans
• Reviewing title commitments, analyzing title issues, and working with title companies and borrowers on title issues effecting the project
• Reviewing redevelopment agreements, annexation agreements, infrastructure agreements, bond documents, and other agreements with municipalities which impact on the funding of a project and lender’s interests in the project
• Working with bond counsel, underwriters, developers, and municipalities on projects which include bank financing and industrial development, special service area, and other types of tax-exempt public financing
• Analyzing TIF documents and crafting loan documentation to address issues presented by both TIF and bank financing
• Drafting or reviewing participation agreements or agency agreements in multi-lender transactions
• Preparing and negotiating inter-creditor or subordination agreements in deals with mezzanine financing or other layers of debt
• Reviewing ground leases or other leases and structuring transactions to address leasing and title ownership issues
• Reviewing and negotiating condominium declarations, homeowners association documents, and other community documents to protect lender’s interests