Arent Fox has advised investment banks, private equity funds, commercial banks, insurance companies, and loan servicers in the underwriting, acquisition, financing, management, and disposition of nonperforming and subperforming mortgage loans and mortgage-related assets. Our lawyers have closed more than $10 billion in transactions.
Arent Fox’s work with distressed mortgage assets started in 1991, at the beginning of the savings and loan crisis and the creation of the Resolution Trust Corporation. Our lawyers have detailed, practical experience with the varied sales programs used by the Resolution Trust Corporation, FDIC, the US Department of Housing and Urban Development, and the many programs sponsored by commercial bank, insurance companies, and other financial institutions to dispose of their troubled mortgage assets and real estate.
Our experience includes the direct purchase, sale and financing of residential and commercial mortgage loans, mezzanine loans, CMBS, loan participations, manufactured housing loans, and tax-exempt bonds. In addition to our work on whole loan sales, we have advised clients who have participated in the special investment and joint venture vehicles used by the government, private sector investors, and loan servicers to dispose of troubled mortgage assets.
Arent Fox has worked with its clients to develop asset pricing systems that are now commonly used by many mortgage loan investors in formulating bids on troubled mortgage loan assets (including bankruptcy sales). We understand how pricing strategies may be affected by different sales programs and auction rules. We have in-depth knowledge of the strategies/methodologies for conducting due diligence on large and diverse asset pools. Our lawyers have supervised teams of professionals throughout the United States in all aspects of mortgage asset underwriting and have helped clients refine their underwriting methodology.
