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Real Estate Securitization

Kaye Scholer's Real Estate Securitization practice brings together a team of lawyers experienced in all aspects of real estate securitization. Our attorneys represent underwriters, issuers, lenders and mortgage servicers in both residential and commercial transactions across the country, and our lawyers are involved in some of the most sophisticated cutting-edge real estate transactions for real estate in the public and private securitization markets.
Kaye Scholer ranked third in the nation as Underwriters’ Counsel and fourth as Issuer’s Counsel on Commercial Mortgage-Backed Securities Deals in Commercial Mortgage Alert’s year-end 2012 league tables.


Kaye Scholer lawyers have represented major issuers, underwriters, lenders and credit enhancement providers in a wide range of commercial and residential mortgage loan securitizations. Their work has included the drafting of prospectuses and private placement memoranda; drafting of pooling and servicing agreements, trust and loan indentures, underwriting agreements and ancillary documents; and negotiations with servicers, trustees, purchasers and credit enhancers. These securitizations have involved both public offerings and private placements relating to commercial and residential real estate.

Loan Originations

Kaye Scholer has represented lenders in the origination of numerous loans specifically structured for later securitization, and has worked closely with the issuers, their counsel and the rating agencies in effectuating these securitizations.

Mortgage Servicing

Kaye Scholer has represented third-party servicers in commercial mortgage securitizations facilitated through mortgage conduits sponsored by almost every major investment bank. Due to the diverse nature of the mortgage loans we typically handle and the variety of sellers into the securitization conduit, such transactions tend to have complicated structures with the servicer's responsibilities being an integral, if not primary, focus of the process.

Rating Agency Matters

Our lawyers have experience with rating issues and are often called upon to handle the rating aspects of securitized real estate transactions. Their familiarity with the issues and the relevant agencies enables them to guide clients in structuring loan originations and securitization which facilitates agency approval.

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