Real Estate Finance

The attorneys of Cozen O’Connor’s Real Estate Finance Practice represent lenders (regional and national commercial banks, investment banks, mortgage REITs, insurance companies, specialty finance companies, and private equity and opportunity funds) and borrowers (owners, commercial and residential developers and operators, REITs, and other institutional owners, and investors) in complex financing transactions involving commercial, retail, residential, and industrial real estate. We have experience with the origination, acquisition, and disposition of whole loans and interests in loans; formation of joint ventures, general and limited partnerships, limited liability companies, business trusts, and other investment vehicles; and creation of credit facilities with complex terms, including multiple interest rate options, foreign currency exchanges, interest rate protection products, and other derivatives.

Now more than ever, counsel on the cutting edge is essential. No matter how challenging or volatile the marketplace, the requisites for providing superior real estate counsel remain unchanged: technical knowledge, negotiating skill, and business savvy. Cozen O’Connor is regularly involved in some of the nation’s largest real estate transactions, so our technical understanding of the latest in deal structure, regulation, profitability, leverage, and liability protection is second to none. And because we conduct high-stakes negotiations on behalf of both lenders and borrowers, we have real insight into the competing needs and interests of all parties. We are often able to identify unforeseen points of leverage that can give our clients a decisive advantage.

Perhaps most importantly, our lawyers understand not only the law but also the business of real estate. Striking this balance is particularly critical in an environment of economic uncertainty and fluctuating interest rates. Many of our attorneys have advanced training in mathematics, science, accounting, and finance, which enables us to grasp the financial concepts and formula behind every real estate deal. And we have the practical experience to understand how theoretical contract provisions are likely to play out in the real world. Beyond just servicing the deal, we make sure to service the broader corporate mission.

SERVICES

  • Arrange permanent and bridge financings
  • Handle sale leaseback financings
  • Advise on preferred equity investments
  • Set up mezzanine and A/B tiered structures
  • Arrange construction financings and build-to-suit structures
  • Lead capital market financings
  • Conduct syndication, participation, and co-lending transactions
  • Finance like-kind exchanges
  • Handle credit-enhanced transactions
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Experience

Publications

Navigating Improved Rules for HVCRE Loans – What You Need to Know [Alert]

October 19, 2018

Zach Samton and William Davis discuss the enactment of the Economic Growth Act and how it impacts both borrowers and lenders.

Innovation gains ground even with contracts under microscope [New York Real Estate Journal]

February 14, 2012

Innovation gains ground even with contracts under microscope - New York Real Estate Journal - Even in the best of times, the use of outside contractors by government can be controversial, with public employee unions clamoring for more work to be brought in house. These, however, are not the best of times. The city, state and country all continue to suffer from the deep impacts of the Great Recession. Although New York City seems to have weathered the storm better than many metropolitan areas, budgets continue to be cut while infrastructure needs remain unmet.

Events & Seminars

Past Events

The Fed, the Election, & Market Drivers Impacting CRE

September 19, 2024 - New York, NY

25th Annual Commercial Real Estate Institute

November 07, 2023 - New York, NY

MBA of NY Scholarship Networking Breakfast

October 11, 2023 - New York, NY

Real Estate Strategies & Assets

January 25, 2022 - Webinar

In The News

Nearly 100 Cozen O’Connor Lawyers, 27 Practices Earn Top Recognition in Chambers USA 2024 Guide

June 10, 2024

Chambers USA rankings are based on an “assessment of a firm’s work and opinions from external market sources, with an emphasis on client feedback.” In order to be ranked in the guide, lawyers and firms must demonstrate “sustained excellence.”

Cozen O’Connor Brings its Cross-Border Real Estate Practice to Canada, Adding Three Lawyers in Toronto

January 29, 2024

Enzo Sallese, Steven I. Pearlstein, and Andrea Wong — will join its fast-growing North American Real Estate practice.

Second Annual Cozen O’Connor Real Estate Survey Reveals Large Drop in Optimism About New York Market

November 14, 2023

New York City real estate professionals’ confidence in the city’s short-term future dropped by a quarter since last year, while pessimism tripled, according to a survey conducted by the law firm of Cozen O’Connor.

Commercial Real Estate Gets Some Good News in City Council Primary

June 29, 2023

Ken Fisher is quoted in the Commercial Observer discussing the 2023 City Council primary election. Several pro-business candidates won their respective races, signaling a potential shift in the city's approach to real estate policies.

Paul Rutter Named in Los Angeles Business Journal’s LA500 List

June 06, 2023

LOS ANGELES, June 6, 2023 — Paul Rutter, a member of Cozen O’Connor’s Real Estate Practice, has been named to the 2023 LA500 by Los Angeles Business Journal.

Eighty-eight Cozen O’Connor Lawyers, 23 Practices Earn Top Recognition in Chambers USA 2023 Guide

June 05, 2023

Of the 88 lawyers ranked, 17 lawyers have been recognized nationally, and eighteen were recognized in Band 1. Eight of the firm's practice areas have been recognized nationally, and nine were ranked Band 1.

Lindsay Miller Named a 2023 GlobeSt. Woman of Influence

May 01, 2023

Lindsay Miller, a member of Cozen O’Connor’s Real Estate practice, was named a 2023 Woman of Influence by GlobeSt.

Cozen O’Connor Releases Film Short on New York Real Estate’s Future

December 19, 2022

New York, December 19, 2022 – Cozen O’Connor and its affiliate, Cozen O’Connor Public Strategies, announce the release of an innovative short documentary, “New York City: What’s Ahead? A Real Estate Perspective,” with keen observations about this current unprecedented and transformative period.

Survey of Real Estate Professionals Finds Strong Optimism About New York City’s Future

October 06, 2022

New York City real estate professionals are feeling optimistic about the city, with anti-real estate sentiment among politicians topping their list of concerns, narrowly edging out the high cost of construction.

Chambers Ranks 86 Cozen O’Connor Lawyers, 22 Practice Areas in Chambers USA 2022 Guide

June 02, 2022

Chambers USA, the leading annual guide to the top lawyers and law firms in the United States, has ranked 86 Cozen O’Connor lawyers as leaders in their respective fields in the guide’s 2022 edition.

49 Cozen O'Connor Attorneys Named Pennsylvania Super Lawyers and Rising Stars

June 01, 2022

Super Lawyers has selected 49 Cozen O'Connor attorneys to the 2022 Pennsylvania Super Lawyers and Rising Stars lists.

Real Estate Litigator Scott J. Pashman Joins Cozen O’Connor’s Real Estate Practice Group in New York

May 02, 2022

Pashman, who focuses on condominium, cooperative, and homeowners’ association disputes, joins the firm as a member and will take up residence in the firm’s Manhattan office located at 3 World Trade Center

Cozen O'Connor Promotes 28 Attorneys to Member

March 25, 2022

Cozen O'Connor promoted 28 attorneys to member in March.

Cozen O’Connor Represents Equus Capital Partners, Ltd. in Nearly $1 Billion Acquisition of Industrial Real Estate Portfolio

February 07, 2022

Philadelphia, February 7, 2022 – Cozen O'Connor represented affiliates of Equus Capital Partners, Ltd. in the acquisition of a portfolio of industrial properties throughout the Southeast and Sun Belt.

Will 2022 Be Another Boom Year for CMBS?

January 26, 2022

Zach Samton is quoted in an article in the Commercial Property Executive that discusses the fate of Commercial Mortgage-backed Securities (CMBS) in 2022.

What Attys Must Know As Congress Debates 1031 Program

July 02, 2021

Alex DuFour addresses the changes being made by the Biden administration regarding the Section 1031 exchange program in Law360.

CMBS Borrowers Face Refinancing Challenges

June 21, 2021

Zach Samton is quoted in a Wealth Management Real Estate article discussing potential refinancing challenges confronting CMBS borrowers as their debt reaches maturity.

Proposed Tax Law Changes Could Change Shape of Transactions, Real Estate Executives Say

May 27, 2021

Alex DuFour addresses possible transactional changes in 2022 and beyond should the Biden administration’s plan to raise the capital gains tax rate and do away with deferred taxes on property exchanges become law in CoStar.

Investors are Already Trying to Get Ahead of Potential Federal Tax Changes

May 06, 2021

Alex DuFour addresses the Biden administration’s proposed changes to capital gains tax rules and its effect on commercial real estate investors in CoStar.

Cozen O’Connor Represents Equus Capital Partners, Ltd. in $1 Billion Multi-Tiered Real Estate Transaction

April 20, 2021

Cozen O'Connor represented affiliates of Equus Capital Partners, Ltd. in a multi-tiered transaction that included the sale of two portfolios of industrial properties throughout the Southeastern United States.

Cozen O’Connor Lands Noted California-based Real Estate Attorney Mitchell Poole

July 06, 2020

Poole, who has for 20-plus years represented general and limited partners investing in national/international real estate funds and joint ventures, joins Cozen O’Connor as a shareholder.

Marrying Yesterday’s Basis with Today’s Underwriting: Players Unpack What’s Unfolded

June 15, 2020

Duane Montgomery was featured in the Commercial Observer about a panel he moderated about commercial real estate and COVID-19.

Contacts

William F. Davis

Vice Chair, Real Estate
Co-Chair, Real Estate Finance

wdavis@cozen.com

(212) 883-4947

Zachary Samton

Co-Chair, Real Estate Finance

zsamton@cozen.com

(212) 883-4971

R. Alex DuFour, II

Co-Chair, Real Estate Finance

adufour@cozen.com

(202) 304-1459

People

Awards

Nearly 100 Cozen O’Connor Lawyers, 27 Practices Earn Top Recognition in Chambers USA 2024 Guide

June 10, 2024

Chambers USA rankings are based on an “assessment of a firm’s work and opinions from external market sources, with an emphasis on client feedback.” In order to be ranked in the guide, lawyers and firms must demonstrate “sustained excellence.”

Eighty-eight Cozen O’Connor Lawyers, 23 Practices Earn Top Recognition in Chambers USA 2023 Guide

June 05, 2023

Of the 88 lawyers ranked, 17 lawyers have been recognized nationally, and eighteen were recognized in Band 1. Eight of the firm's practice areas have been recognized nationally, and nine were ranked Band 1.

Chambers Ranks 86 Cozen O’Connor Lawyers, 22 Practice Areas in Chambers USA 2022 Guide

June 02, 2022

Chambers USA, the leading annual guide to the top lawyers and law firms in the United States, has ranked 86 Cozen O’Connor lawyers as leaders in their respective fields in the guide’s 2022 edition.

49 Cozen O'Connor Attorneys Named Pennsylvania Super Lawyers and Rising Stars

June 01, 2022

Super Lawyers has selected 49 Cozen O'Connor attorneys to the 2022 Pennsylvania Super Lawyers and Rising Stars lists.

Cozen O'Connor Promotes 28 Attorneys to Member

March 25, 2022

Cozen O'Connor promoted 28 attorneys to member in March.

Cozen O’Connor Attorney Paul S. Rutter Named the Urban Development Lawyer of the Year by Century City Bar Association

January 24, 2019

– Cozen O’Connor attorney Paul S. Rutter, a member of the real estate practice in the firm’s Santa Monica, Calif., office, has been named “Urban Development Lawyer of the Year” by the Century City Bar Association. The Association provides legal education, leadership opportunities, and a sense of community to more than 4,000 Century City attorneys. Paul is among six attorneys being recognized by the Association for distinguishing himself in his respective field of expertise.

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