Seniors Housing
Our seniors housing clients appreciate our long history of representing borrowers in home financing transactions, including Fannie Mae and Freddie Mac loans for both local owner/operators and national firms. We also have significant experience doing corporate, LLC and joint venture work for clients who are active in the senior housing industry.
Additional services we provide to seniors housing clients include:
- Acquisitions
- Sales and financing
- Licensing and permitting
- Development and construction
- Real estate and land use
- Labor and employment
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Complex Seniors Housing Transaction
Represented client in transaction to manage and potentially, in the future, acquire existing senior living facilities. The transaction involved complex issues of state licensing and regulatory oversight of facilities that receive state financial assistance.
Development of Massachusetts Senior Living Facilities
Represented seniors housing client in the formation of a joint venture with a Massachusetts developer to acquire a partial interest in a real estate sale agreement, and the acquisition of a portion of the property for the development of two assisted living facilities. The real estate transaction involved the subdivision of the property, creation of easements and other rights to the lots not acquired by the client, and the imposition of historical preservation and affordable housing covenants on the property as a condition of development. Also assisted the joint venture to obtain construction financing.
Loan Transaction for California Seniors Housing Refinancing
Represented client in $18.6 million loan transaction with FNMA to refinance independent living seniors housing facility in Novato, California.
Trademark Dispute Resolution
Represented a national provider of senior living and assisted living facilities in the resolution of a trademark dispute concerning the unique name of a local senior living facility.
Senior Housing Facility Acquisition
Negotiated and closed $14.2 million acquisition and acquisition loan for a national owner and operator of senior housing facilities. The client sought to purchase an existing facility that had been developed and built by an inexperienced operator in Louisiana. The seller's loan was in default and the property was at risk to go into foreclosure, making it essential that the deal be completed with speed and efficiency.
Native American Senior Living Facility
Represented Oregon tribe in the negotiation of a long-term ground lease of tribe property for operation of senior living facility serving tribal members.
Advising National Seniors Housing Clients
Ongoing representations of major retirement residence companies in their real estate transactions, business sales and acquisitions, and construction and loan transactions, including Fannie Mae and Freddie Mac loans, throughout the United States. Recent projects included sales of independent living facilities in California and purchase of others in Louisiana, and numerous construction and permanent loan transactions nationally.
Seniors Housing Secured Financing
Ongoing representation of several national and regional independent and assisted living owners in complex financing transactions, including securitization and defeasance transactions.
Jerry Erwin Associates, Inc. v. Brousseau, et al.
(USDC, D. Tex.) - Represented Jerry Erwin and Associates, Inc. against eight defendants who were using the client’s copyrighted architectural plans to develop senior living facilities. The case was settled favorably for all parties with an ongoing business relationship between the client and defendants.
In re Stayton SW Assisted Living, L.L.C. (the Consolidated Sunwest Related Entities)
(Bankr. D. Or.) - Tonkon represented debtor, Stayton SW Assisted Living, L.L.C., and over 700 substantially consolidated affiliates, in a Chapter 11 proceeding that resulted in a confirmed Plan of Reorganization. The biggest and most complex bankruptcy case ever filed in Oregon, the consolidation, restructuring and $1.2 billion sale involving over 700 of Sunwest entities demanded legal expertise in bankruptcy, securities, tax, real estate, corporate governance, litigation, mergers and acquisitions, regulated industries and commercial transactions. Al Kennedy and Tim Conway worked with a team of Tonkon lawyers and paralegals who developed and executed a complex resolution that restructured obligations owing to over 90 secured lenders, sold 146 seniors housing facilities (including approximately 1,200 tenant-in-common interests held by investors), and resulted in distributions to creditors and investors exceeding 100% of their claims.
Senior Housing Loan
Negotiated and closed a $16.7 million permanent loan with local counsel based in Camp Hill, Pennsylvania for an independent living facility in Bethlehem, Pennsylvania.