Marty Taylor focuses his practice on representing financial institutions, borrowers, principals, guarantors and other parties in all aspects of financing, including new financings, modifications, out-of-court workouts, restructures, bankruptcies, liquidations, foreclosures and the enforcement of (or as applicable, the defense against) pre-judgment and post-judgment rights and remedies with respect to a wide variety of secured and unsecured financial obligations.
Marty’s financial institutions practice focuses on all aspects of finance, with an emphasis on real estate secured financing, including new financings, modifications, out-of-court workouts, restructures, bankruptcies, liquidations, foreclosures, note sales and OREO sales. Marty has been practicing for over twenty years, representing financial institutions for much of that time throughout the up and down real estate finance markets. That experience has provided Marty with substantial experience, and in-depth knowledge and understanding, with respect to both the technical aspects and practical applications of structuring, negotiating, documenting and closing complex real estate financing transactions, as well as with respect to the various rights, remedies and defenses of the parties involved in a failed financing transaction.
Marty has substantial experience with respect to the financing of hotels, resort properties, office buildings, retail centers, industrial parks, master planned communities, condominium projects (both commercial and residential), single family residential developments and mixed use projects. This experience includes both loan origination, syndication and participation as well as distressed debt work, including, workouts, restructures, exercise of lender rights and remedies and bankruptcy. Marty’s experience includes representing agents, participants, senior lenders, mezzanine lenders, junior lenders, and, from time to time, borrowers, principals and guarantors. Although it would be impractical to list all of the financial transactions for which Marty has been the lead lawyer below is a short, representative list of the matters on which Marty has worked as lead counsel.
- Represented major national bank as agent and lead lender on a syndicated $147 million senior secured construction facility for the construction of 170-key Ritz Carlton hotel and 23 branded whole ownership residences.
- Represented major national bank as agent on a syndicated $55 million non-revolving construction loan facility, with an accordion feature, relating to the construction of a branded resort hotel property.
- Represented major national bank on a $100 million subscription line of credit for large real estate development company.
- Represented borrower parties in connection with a $52 million business line of credit for a chain of restaurants.
- Represented major national bank as agent on a syndicated $121 million construction loan for resort area, mixed use project, including residential units and commercial space.
- Represented agent and lender on a $390 million revolving line of credit with sub-facility for issuance of letters of credit for acquisition and development of an in-fill mixed use project, including residential, commercial and retail.
- Represented Borrower in connection with senior construction financing for $180 million and mezzanine financing of $38.5 million in connection with acquisition, development and construction of a 5 star hotel resort property.
- Represented agent and lender in connection with a $360 million revolving line of credit for the acquisition and development of a master planned community.
- Represented lender in participated $11.1 million bridge loan for a Holiday Inn.
- Represented national bank on a $42 million facility which included a revolving line of credit sub-facility, a term loan sub-facility and a letter of credit sub-facility.
- Represented Borrower on an $18.5 million senior loan facility and a $3.6 million mezzanine loan for the acquisition of two office buildings in Arizona.
- Represented lender in participated deal with respect to an $89 million construction loan for a 22 story high rise condominium project in Denver, Colorado.
- Represented agent in a $200 million revolving line of credit facility for major homebuilder.
- Represented agent with respect to eleven defaulted FF&E and real estate loans to restaurateur which aggregated over $20 million. Representation included state court action, bankruptcy, foreclosure and asset sales.
- Represented borrower group in connection with negotiations, bankruptcy and ultimately a consensual restructure related to two loans in the aggregate amount of $44.5 million secured by a hotel and a shopping mall.
- Represented high net worth individual in connection with a workout of over 20 loans which included assets located throughout the Western United States and potential aggregate liability of over $300 million, which liability included secured and unsecured liability, direct liability and guarantor liability (full, limited and recourse carve out), secured and unsecured liabilities. It also included representation of same individual as a lender and creditor in a variety of matters, including two Delaware chapter 11 proceedings.
- Represented Real Estate Company in connection with 2011 $75 million corporate borrowing base facility.
- Represented major national bank in connection with a $50 million multifamily housing construction project.
- Represented large regional real estate developer in connection with a syndicated $150 million securitized borrowing base facility.
- Represented administrative agent in connection with a secured corporate borrowing base facility for a national home builder.
- Represented national lender in connection with distressed real estate consisting of a dairy farm and related properties.
- Represented real estate developer as borrower in connection with a $20 million CMBS securitized real estate financing.
Presentations and Speaking Engagements
- Speaker, Real Estate Loan Commitment Letters & Term Sheets: Negotiating Key Terms, Strafford Webinar, April 2014.
Professional and Community Involvement
- California State Bar Association
- Federal Bar Association
- Financial Lawyers Conference
- Orange County Bar Association, Real Estate Section, Commercial Law Section
- Los Angeles County Bar Association
- American Bankruptcy Institute