Real Estate Lending and Financing

Structuring Real Estate Loans and Financing Agreements

We draft and negotiate the full range of loan documentation, including promissory notes, deeds of trust, guaranties, and security agreements. Each provision is tailored to California law and lender expectations, ensuring enforceability in local courts and consistency with financing requirements.

Our attorneys address key economic and operational elements such as interest reserves, draw schedules, and debt service coverage ratios to make certain that loan terms are both practical and compatible with development and construction timelines. This detailed attention allows clients to move through underwriting, approval, and closing efficiently.

Commercial Real Estate Borrower Representation

For borrowers, we focus on structuring financing that supports long-term project success while minimizing unnecessary exposure. We negotiate covenants, carveouts, and guaranty limitations that provide flexibility without jeopardizing financing approval.

Our attorneys carefully review prepayment provisions, lockout clauses, and yield maintenance formulas to ensure that early repayment or refinancing remains economically feasible. By pushing back on overreaching terms while maintaining momentum toward closing, we help borrowers secure fair, sustainable loan agreements that align with their investment strategy.

Lender and Investor Counsel in California

When representing lenders or mezzanine investors, we prepare documentation that secures collateral, preserves priority, and clarifies remedies in the event of default. Our team structures inter-creditor and subordination agreements that define relationships among senior, mezzanine, and equity participants reducing uncertainty and potential conflict.

Because we understand both sides of the table, we create balanced agreements that protect lender interests while allowing projects to proceed without unnecessary delay.

Workouts, Modifications, and Refinancing

When projects encounter financial challenges, our attorneys assist in restructuring existing debt through loan modifications, forbearance agreements, and workouts. We focus on solutions that preserve long-term project viability while minimizing the risk of litigation or foreclosure.

Whether renegotiating loan terms or coordinating refinancing, we help clients stabilize their financing position and move forward with confidence.

Experience You Can Trust

The Real Estate Lending and Financing Process

A successful financing transaction begins with a clear term sheet or commitment letter, followed by the drafting and negotiation of detailed loan documents. Our attorneys guide clients through each phase due diligence, lender checklists, and closing conditions, to ensure that every requirement is satisfied before funding.

We coordinate with title officers, appraisers, and consultants to complete the documentation lenders demand, keeping transactions organized and on schedule from commitment to disbursement.

Legal expertise in commercial real estate finance

Our legal team is fluent in the California Civil Code and Uniform Commercial Code provisions governing secured transactions. We regularly negotiate complex financing agreements, including construction loans, intercreditor agreements, and guaranties.

Our experience also extends to specialized financing structures such as CMBS loans, mezzanine loans, and syndicated credit facilities, where detailed documentation and clear risk allocation are critical. This technical understanding allows us to close sophisticated deals efficiently while protecting client interests.

Guiding financing deals to closing

From initial negotiations through funding, our attorneys manage each step of the lending process. We draft and redline loan documents, coordinate closing checklists, and oversee disbursement logistics to ensure accuracy and compliance.

We anticipate points of friction such as title insurance endorsements, survey exceptions, or estoppel certificate delays and resolve them proactively. This approach reduces closing risk and provides clients with confidence that their financing will proceed without disruption.

How real estate finance counsel works in practice

For borrowers, we negotiate flexible covenants, fair guaranty provisions, and practical draw procedures. For lenders, we ensure that collateral rights are properly perfected and remedies are enforceable.

Our process includes:

• Loan document drafting and review – covering notes, deeds of trust, guaranties, and security agreements.
• Intercreditor and subordination agreements – defining capital stack priorities for senior, mezzanine, and equity participants.
• Closing and escrow management – coordinating conditions precedent, title insurance, and recording procedures.
• Workouts and modifications – restructuring loans to preserve asset value and reduce litigation risk.

Because we represent both borrowers and lenders, our attorneys bring balanced insight to every negotiation. We ensure that financing structures are realistic, enforceable, and tailored to the California real estate market.

Serving clients across Southern California

Based in Costa Mesa, Buckner, Robinson & Mirkovich represents borrowers, lenders, and investors across Orange County, Los Angeles, and throughout California. Our real estate lending attorneys combine technical precision with practical business understanding, helping clients finance, close, and manage commercial real estate transactions with confidence.

Common Questions