Financing & Lending

Overview

Turner Padget’s Real Estate Practice takes a straight-talking, common sense approach to getting deals done right. Our longstanding history of handling complex transactions that involve buying, selling, leasing and financing commercial real estate helps us see the big picture while focusing on practical solutions to meet your business needs. Our depth of experience on both lending and borrowing sides of real estate transactions sets us apart and helps us find the balance for what clients can expect.

Grounded in the highest levels of integrity, professionalism, and quality work, we provide counsel to individual developers, midsize businesses and Fortune 500 companies on all types of real estate development, including mixed-use, hotels, industrial, office, shopping centers, multifamily, agricultural and residential subdivisions. Taking a holistic approach to your business needs, we help clients understand the boundaries when making business decisions and equip them to make effective decisions.

Financing and Lending

With deeply-planted roots in the Southeast, we provide local counsel for lenders, developers, equity investors, buyers, sellers, community associations, title insurers, landlords and tenants and assist them with coordinating their transactional needs throughout the region. South Carolina has rules unlike any other state in the country for real estate lending; running afoul of these rules can void a mortgage. We have been involved in helping clients navigate this unique process since the beginning.

Handling all aspects of real estate development, including acquisition, disposition and subdivision or property, we also have extensive experience in underwriting / title insurance policies and regularly handle title insurance related claims. When loans go bad, our experience in both loan origination and loan workouts help clients achieve practical solutions in matters involving foreclosures, forbearance agreements and loan modification.

Our practice also encompasses asset-based lending, which includes mergers and acquisitions and other transactions involving non-real estate assets, such as businesses or inventory. Other types of financing we advise on include:

Mezzanine lending
Commercial mezzanine-backed securities (CMBS)
Residential purchase loan closings

Land Use and Zoning

We counsel real estate developers of commercial, residential and mixed-use projects on zoning-related issues, including:

Economic development options
State and local tax incentives
Regulatory administrative law
Restrictive covenant litigation

Leasing

Our business-focused approach includes general contract review and resolution of landlord / tenant issues. We also represent developers leasing retail space for regional and national tenants.

Dispute Resolution, Tax Planning and More

Other real estate areas where we provide counsel include:

Community association representation
Contract disputes
Entity structuring
Eminent domain, condemnation, zoning and easement disputes
Horizontal property regimes
Insurance claims
Lien priority disputes
Loan workouts
Mechanic's liens
Mortgage foreclosures
Partition actions
Quiet title actions
Section 1031 exchanges and reverse exchanges
Tax planning

Experience

Finance and Lending

Represented a national real estate development company in the acquisition, development, leasing and financing of approximately 100 acres along the most concentrated commercial retail shopping area in the Midlands of South Carolina.
Served as local lenders' counsel for a national insurance company involving multiple commercial real estate loans in South Carolina.
Provided counsel to a large South Carolina bank handling lending and finance representation in complex commercial transactions.
Represented an agricultural bank on a bond issue and operating loans to a large soybean processing company.
Served as lenders' counsel related to financing of construction loans for multiple assisted-living and nursing home facilities in South Carolina.
Represented the lender in a $3 million development and construction loan for a large single-family development.
Served as special South Carolina counsel in various financing transactions of up to $200 million for a Charlotte-based REIT primarily holding medical office buildings in hospital campuses across the country.
Represented a multisite medical practice in drafting and negotiating commercial lease for a new medical office building.
Closed a $46 million construction loan for an apartment complex being built in Charleston.
Directed the closing of two loans totaling over $30 million for a major wholesale distributor of building materials and construction products.
Counseled a federal credit union through a commercial loan for the construction of a $7.5 million classroom building project for a university foundation.
Negotiated the acquisition of membership interests in a limited liability company that owns a large, upscale golf course community containing approximately 1,000 acres of undeveloped residential land, 160 acres of commercial property and 100 lots for sale in existing subdivisions. Representation included drafting entity governance documents, analysis of debt and liabilities, and loan restructuring.
Successfully litigated numerous contested foreclosure matters throughout South Carolina including most recently representing an SBA-backed lender in a matter involving lender liability issues.

Land Use and Zoning

Represented a land owner in the development of a residential neighborhood consisting of more than 300 building lots, common areas and private roads.
Assisted a real estate developer with structuring the acquisition of several real estate tracts that were under contract with a national homebuilder for the development of a residential subdivision.
Represented several financial institutions in the acquisition and site development for branch expansion.
Negotiated the acquisition and redevelopment of an urban property into a three-building retail space. Representation included negotiating a long-term lease to a large, national pharmacy tenant, drafting and recording a declaration of easements, covenants, conditions and restrictions for the development, and handling the initial acquisition financing and construction financing for the developer.
Served as lead counsel for the negotiation and acquisition of real estate and easements for the development of a municipal riverfront park.

Leasing

Represented a real estate development company specializing in building and leasing retail space for regional and national tenants.
Defended a landlord and obtained a directed verdict against the claims by the tenant who was seeking specific performance of an option to purchase real estate contained in lease agreement.
Defended a tenant in a lease dispute and obtained summary judgment in a matter in which the landlord sought over $1.3 million in damages.
Handled numerous matters for a statewide banking client, including foreclosures, commercial collections and repossessions.