Strategic Counsel for Commercial Property Financing & Secured Real Estate Transactions
Financing is often the cornerstone of successful commercial real estate acquisition, development, and stabilization. Real estate financing transactions require precise documentation, coordinated due diligence, careful risk allocation, and disciplined collateral protection.
Bean, Kinney & Korman represents lenders, borrowers, developers, investors, and property owners in real estate financing transactions throughout Virginia, Maryland and the Washington, D.C. region. We assist with structuring, negotiating, and documenting secured lending arrangements that align with project objectives and long-term financial strategy.
Our attorneys combine commercial lending expertise with deep knowledge of real estate transactions to ensure that financing documents are enforceable, strategically structured, and aligned with collateral protection requirements.
Real Estate Financing Services
Commercial Mortgage Loans
- Drafting and negotiating:
- Promissory notes
- Mortgages and deeds of trust
- Security agreements and assignments of rents
- Guaranties and recourse provisions
- Environmental indemnities
Well-structured mortgage documents protect lender rights and borrower clarity.
Acquisition & Development Financing
- Loan agreements tied to property acquisition
- Construction-to-permanent loan structures
- Draw schedules and funding milestones
- Completion guarantees
- Interplay with construction contracts
We ensure alignment between financing and development obligations.
Multi-Property & Portfolio Financing
- Cross-collateralization structures
- Blanket liens
- Participation agreements
- Syndicated loan documentation
- Intercreditor agreements
Complex capital structures require coordinated documentation.
Lease-Related Financing
- Assignment of leases and rents
- Tenant estoppel coordination
- Subordination, non-disturbance, and attornment agreements (SNDAs)
- Cash flow underwriting support
Tenant income often drives collateral value.
Refinancing & Restructuring
- Loan modification agreements
- Maturity extensions
- Covenant restructuring
- Prepayment and defeasance analysis
Strategic refinancing protects asset value and operational continuity.
Who We Represent
Our Real Estate Financing practice serves:
- Commercial banks and financial institutions
- Private credit funds and lenders
- Real estate developers
- Property investors and sponsors
- Joint venture partnerships
- Commercial landlords
- Construction lenders
- Institutional real estate investors
We tailor documentation and negotiation strategy to each party’s risk position.
Industries Served
We advise clients financing properties in sectors including:
- Office and corporate real estate
- Retail and shopping centers
- Hospitality and mixed-use developments
- Industrial and logistics facilities
- Healthcare and institutional real estate
- Government-leased properties
- Multi-family and residential development
- Infrastructure-related real estate assets
Industry context informs financing structure and collateral analysis.
Real Estate Financing FAQs
What is commercial real estate financing?
Commercial real estate financing refers to loans secured by income-producing or development property. These loans are typically structured through promissory notes, mortgages or deeds of trust, and security agreements.
What is an assignment of rents?
An assignment of rents allows a lender to collect rental income from tenants if the borrower defaults. It is a common collateral protection tool in income-producing property financing.
What is a subordination, non-disturbance, and attornment agreement (SNDA)?
An SNDA defines the relationship between lender and tenant, clarifying that the tenant will recognize a new owner after foreclosure and that the lender will honor the lease under specified conditions.
How are construction loans different from permanent loans?
Construction loans provide funding during development phases and are typically tied to draw schedules and milestones. Permanent loans replace construction financing once the project stabilizes.
Why is legal review critical in real estate financing?
Real estate financing documents allocate risk, define collateral rights, establish default remedies, and structure repayment obligations. Careful drafting ensures enforceability and reduces post-closing disputes.
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