Representing National Real Estate Lenders

Summary

This practice note is for attorneys representing lenders that provide real estate secured financing to borrowers located in multiple jurisdictions within the United States. These lenders might include national, state, and foreign banks and other financial institutions; non-bank finance companies; investment banks; debt funds; and mortgage real estate investment trusts. This practice note summarizes common threads in all national real estate lending practices and discusses issues to be addressed in new jurisdictions, including legal opinions, licensing requirements, taxes, local lending requirements, real property laws, real estate lending laws, default and foreclosure remedies, lien priority, land use and planning, and litigation. A detailed discussion of all of the laws and regulations to which a national real estate lender may be subject is beyond the scope of this note.