Structured & Warehouse Finance

Overview

Our team represents lenders, borrowers, issuers, underwriters, servicers, trustees, rating agencies, custodians, placement agents, and insurers. We are thoroughly integrated with Alston & Bird’s regulatory practice, as well as bankruptcy, tax, UCC, ERISA, Investment Company Act, derivatives, real estate, diligence, and servicing teams, enabling us to address the full array of legal issues that arise in financing transactions. Our attorneys are significantly involved in the Structured Finance Association (SFA) and the CRE Finance Council (CREFC) and have served in numerous leadership roles. 

Residential Mortgage Loans

We have extensive experience in countless warehouse repo, secured lending, syndicated lending, bridge lending, and structured lending facilities, representing nearly every market participant in the industry. Our best-in-class compliance team enables us to evaluate and structure around consumer loan issues. We are also at the forefront of agency and private label MSR and servicing receivables finance and are intimately familiar with the risks and mitigants in such transactions. We have significant experience in acquisitions and sales of servicing platforms, servicing rights, and receivables.

Experience

• Extensive experience in countless transactions, including asset acquisitions, dispositions, warehouse repo and secured loan facilities, syndicated loans, bridge loans, private placements, public offerings and shelf registration statements, representing nearly every market participant in the industry, including originators, sponsors, investors, placement agents, trustees, servicers, master servicers, rating agencies, monoline insurance companies and other credit enhancers, on transactions with REMICs, senior/subordinate structures, “wrap” or "partial guaranty" credit support from monoline insurers, and hybrid structures with swaps, caps, guaranties, overcollateralization, excess spread and reserve funds
• Currently represent U.S. finance subsidiary of a global automobile manufacturer as issuer under a public automobile loan securitization program
• Closed more than 100 transactions totaling in excess of $29 billion representing AAA-rated monoline insurers and other credit enhancers, issuing entities (including statutory trusts, common-law trusts and partnerships), sellers, sponsors and various investors
• Closed $153 million equipment contract backed notes representing the underwriter
• Represented purchasers and sellers of residential mortgage loans in numerous whole loan transactions having Reg. AB compliant reps and warranties
• Represented investors, counterparties and related market participants in workouts of multiple asset-backed transactions, including CDOs, CDS and related derivative transactions and other debt instruments
• Represented finance companies and issuers in securitizations and other complex financing of student loans, including FFELP student loans and private student loans and those subject to private guaranty arrangements
• Currently represent a nationally recognized statistical rating organization, advising on structures, legal criteria, legal opinions, corporate governance, regulatory examinations, regulatory compliance in light of rating agency reform and legal compliance with the Dodd-Frank Act