Marty focuses his practice on representing financial institutions, borrowers, principals, guarantors and other parties in all aspects of financing, including new financings, modifications, out-of-court workouts, restructures, bankruptcies, liquidations, foreclosures and the enforcement of (or as applicable, the defense against) pre-judgment and post-judgment rights and remedies with respect to a wide variety of secured and unsecured financial obligations.
Marty's financial institutions practice focuses on all aspects of finance, with an emphasis on real estate secured financing, including new financings, modifications, out-of-court workouts, restructures, bankruptcies, liquidations, foreclosures, note sales and OREO sales. Marty has been practicing for over twenty years, representing financial institutions for much of that time throughout the up and down real estate finance markets. That experience has provided Marty with substantial experience, and in-depth knowledge and understanding, with respect to both the technical aspects and practical applications of structuring, negotiating, documenting and closing complex real estate financing transactions, as well as with respect to the various rights, remedies and defenses of the parties involved in a failed financing transaction.
Representative Experience
Marty has substantial experience with respect to the financing of hotels, resort properties, office buildings, retail centers, industrial parks, master planned communities, condominium projects (both commercial and residential), single family residential developments and mixed use projects. This experience includes both loan origination, syndication and participation as well as distressed debt work, including, workouts, restructures, exercise of lender rights and remedies and bankruptcy. Marty's experience includes representing agents, participants, senior lenders, mezzanine lenders, junior lenders, and, from time to time, borrowers, principals and guarantors. Although it would be impractical to list all of the financial transactions for which Marty has been the lead lawyer below is a short, representative list of the matters on which Marty has worked as lead counsel.
Represented major national bank as agent and lead lender on a syndicated $147,000,000 senior secured construction facility for the construction of 170-key Ritz Carlton hotel and 23 branded whole ownership residences.
Represented major national bank as agent on a syndicated $55,000,000 non-revolving construction loan facility, with an accordion feature, relating to the construction of a branded resort hotel property.
Represented major national bank on a $100,000,000 subscription line of credit for large real estate development company.
Represented borrower parties in connection with a $52,000,000 business line of credit for a chain of restaurants.
Represented major national bank as agent on a syndicated $121,000,000 construction loan for resort area, mixed use project, including residential units and commercial space.
Represented agent and lender on a $390,000,000 revolving line of credit with sub-facility for issuance of letters of credit for acquisition and development of an in-fill mixed use project, including residential, commercial and retail.
Represented Borrower in connection with senior construction financing for $180,000,000 and mezzanine financing of $38,500,000 in connection with acquisition, development and construction of a 5 star hotel resort property.
Represented agent and lender in connection with a $360,000,000 revolving line of credit for the acquisition and development of a master planned community.
Represented lender in participated $11,100,000 bridge loan for a Holiday Inn.
Represented national bank on a $42,000,000 facility which included a revolving line of credit sub-facility, a term loan sub-facility and a letter of credit sub-facility.
Represented Borrower on an $18,500,000 senior loan facility and a $3,600,000 mezzanine loan for the acquisition of two office buildings in Arizona.
Represented lender in participated deal with respect to an $89,000,000 construction loan for a 22 story high rise condominium project in Denver, Colorado.
Represented agent in a $200,000,000 revolving line of credit facility for major homebuilder.
Represented agent with respect to eleven defaulted FF&E and real estate loans to restaurateur which aggregated over $20,000,000. Representation included state court action, bankruptcy, foreclosure and asset sales.
Represented borrower group in connection with a negotiations, bankruptcy and ultimately a consensual restructure related to two loans in the aggregate amount of $44,500,000 which were secured by a hotel and a shopping mall.
Represented high net worth individual in connection with a workout of over 20 loans which included assets located throughout the Western United States and potential aggregate liability of over $300,000,000, which liability included secured and unsecured liability, direct liability and guarantor liability (full, limited and recourse carve out), secured and unsecured liabilities. It also included representation of same individual as a lender and creditor in a variety of matters, including two Delaware chapter 11 proceedings.
Represented Real Estate Company in connection with 2011 $75,000,000 corporate borrowing base facility.
Publications
"The 'D'Oench Duhme Doctrine' - A Friend in Deed to a Lender in Need," Los Angeles Daily Journal (June 8, 2011).
Work Experience
Troutman Sanders LLP, 2010-present
Jeffer Mangels Butler & Marmaro LLP, 2009-2010
Rutan & Tucker LLP, 2002-2009
Snell & Wilmer LLP, 1990-2002
Memberships
· California State Bar Association
· Federal Bar Association
· Financial Lawyers Conference
· Orange County Bar Association, Real Estate Section, Commercial Law Section
· Los Angeles County Bar Association
· American Bankruptcy Institute