FINANCING SERVICES

Our firm is experienced at structuring, drafting and negotiating various loan documents, including security agreements, loan modification agreements, corporate and personal guaranties, assignment of leases and rents, environmental indemnity agreements, subordination agreements and landlord waivers. We coordinate and review title reports, organizational documents, leases, rent rolls, tenant estoppel certificates and related due diligence documents and conduct closings on all types of loans.

 

We have extensive experience at closing a variety of loans, including but not limited to:

 

• First and second mortgages

• FHA, conventional and jumbo loans

• Lines of credit and home equity loans

• Commercial loans

• Cooperative apartment loans

• Blanket and real estate portfolio loans

• Construction and building loans

• Bridge financing

• Interest-only and rehab loans

• Subordinated debt transactions

• Mezzanine financings

• Wrap-around loans and private financings

• Consolidation, extension, and modification agreements (CEMAs)

• Business acquisition loans

• All types of refinances

 

We also provide alternative financing options and tax exemption services for business clients forming and operating companies in relation to buildouts and leasing transactions, property and land development and redevelopment, and construction financings for commercial office, industrial and retail space.

 

Our clients can expect comprehensive legal representation from K Diffley law. Whether preparing and negotiating loan documents, or coordinating and analyzing due diligence documents, our expertise with finance related transactions enables us to mitigate potential risks and successfully close transactions on behalf of our clients.

K Diffley Law represents local and national banks, private lenders and borrowers in connection with all types of loans and loan refinances that are secured by real property and other assets. We structure, prepare and negotiate mortgages and loan agreements on behalf of our clients.

 

Our firm handles loan transactions and conducts closings for banks, private lenders and borrowers in relation to all types of commercial real estate, residential real estate, condominiums, cooperative apartment units, fine art, boat and airplane acquisitions, business accounts, equipment and inventory in addition to various other assets. We advise on loan assignments and all related financing transactions, including CEMAs. Our comprehensive due diligence analysis and compliance throughout loan transactions enables us to mitigate potential risks and achieve the best results for our clients.

 

Our firm meticulously analyzes due diligence documents throughout each phase of a loan transaction and ensures all parties are prepared to close on the loan. We draft and disseminate lender checklists and various loan documents, including:

 

• Security agreements

• Mortgage agreements

• Lines of credit

• Home equity loans

• Building loan agreements

• CEMA’s

• Assignments of leases and rents

• Section 255 and 275 affidavits

• Promissory notes

• SNDA’s

• Environmental indemnity agreements

• Reliance letters

• Individual and corporate guaranties

• Disbursement breakdown sheets

• Compliance documents

• Corporate resolutions

• Estoppel certificates

• Incumbency certificates

• Debt subordination agreements

• Opinion letters

• Uniform Commercial Code (UCC) filings

• Recognition agreements

• Related modifications and amendments

• All related refinancing

We consult with clients on various business interest exchange transactions and obtaining acquisition loans, private financings, and other business financing options. We also advise clients seeking to pay off existing loans, consolidate multiple loans and restructure their debt obligations.

 

K Diffley Law effectively communicates with our clients and maintains strong industry relationships in order to provide various loan options with beneficial interest rates. We also provide services for clients participating in privately financed business transactions.

 

Our firm drafts and negotiates business loan agreements, conducts closings and advises parties on the structuring of loan transactions, including but not limited to:

 

• Business asset acquisitions

• Stock purchases

• Membership interest purchases

• Equipment financing

• Inventory financing

• Business account receivables financing

• Leasehold financing

• Collateral assignments

• Business lines of credit

• Loan workouts and debt restructuring

• Loan consolidation

• Privately Financed Transactions

• All related refinancing

K Diffley Law advises clients in connection with financing and tax exemption options for new and existing businesses and operating companies. We coordinate with various agencies and arrange for tax abatements and exemptions for client build-outs and leasing transactions, property and land development and redevelopment, and construction financings for commercial office, industrial and retail space.

 

Our firm adds value to development and redevelopment transactions by assisting with abatement and tax exception programs for sales tax, mortgage tax and real property tax. We are experienced in transactions involving Payment in Lieu of Taxes (PILOT) programs administered by the New York City Industrial Development Agency (IDA) and New York City Economic Development Corporation (EDC). These programs can lower the cost of capital and assist business clients with financing and by providing tax exemptions and abatements. We assist clients seeking to utilize these programs and offer services for businesses that own or lease retail space, or are planning to purchase, develop, or renovate commercial office, retail and industrial properties.

 

K Diffley Law administers, negotiates and manages the financing and tax credit processes on behalf of our clients. We coordinate complex documents and stringent transaction requirements with several agencies and provide services for clients to obtain tax exemption and incentive programs, including the Accelerated Sales Tax Exemption Program and FRESH Program for retailer and food providers. These important financing programs are complex, but they can drastically lower client costs and provide long-term exemptions from various tax obligations.