Deborah H. Bindler
Deborah H. Bindler regularly counsels large institutional clients on various aspects of complex transactions, particularly complex title matters. She has significant multi-state experience in transactions involving the disposition and financing of commercial real estate, mezzanine financing, equity participations, construction lending, condominium financing, workouts, leasing, and matters specific to affordable housing.
Representative matters to which Ms. Bindler has contributed her knowledge include:
- representation of the lender in connection with 4 mortgage loans totaling over $45MM to subsidiaries of a prominent private equity fund, the proceeds of which were used to refinance four multi-family housing projects in the Southwest U.S;
- representation of lenders and not-for-profit developers on the acquisition, development, and financing of affordable housing projects, including interface with federal, state and local housing agencies such as HPD, NYCHA and HUD, on matters that incorporate rental subsidies, tax exemptions, land use issues and related governmental reviews;
- contributing to a team of counsel to a nationally-recognized bank in their multi-faceted financing role for Teachers Village (Newark, NJ), a complex, qualified school construction bonds and new markets tax credit transaction, including representing the bank as bond purchaser, bridge lender, escrow agent and administrative agent;
- representation of a nonprofit corporation (focused on preserving and creating affordable multifamily rental housing for low and moderate income families and seniors) in connection with its subsidiary's acquisition of the Plaza Borinquen apartment community, an 88 unit affordable housing complex located in the Bronx, New York, which marked the client's entrance into the New York market;
- representation of a not-for-profit corporation in connection with the financing of the renovation of existing structures at Ennis Frances Houses and the new construction of an additional 220 unit low-income units within the housing complex located in Harlem, New York;
- representation of an institutional lender in a $180 million financing of the construction of a hotel condominium, with multi-state condominium registrations and ongoing local government issues concerning subdivision, modification of the PUD, government grants of easements and permits, and government purchase of a portion of the improvements and payment of a portion of ongoing construction costs;
- representation of the holder of the subordinate debt with respect to the modification of a partially securitized senior loan which was part of a $140 million financing of the renovation and conversion of a multi-family complex, in connection with the sale of one of the buildings and its withdrawal from the condominium conversion;
- representation of a mezzanine lender in the purchase of two tranches of mezzanine debt, as part of a restructuring of existing mortgage and mezzanine debt, in connection with the resumption of the condominium conversion and renovation of a mixed use condominium hotel located in New York City, including the negotiation of a multi-party collateral assignment and subordination of the spa operator license and management agreements;
- representation of a mortgage lender in connection with the $145 million acquisition and construction financing of a hotel condominium, involving complex issues relating to a non-discretionary zoning application for increased density, and transfers of development rights and zoning lot mergers among three properties, one of which was landmarked;
- representation of a mortgage lender in connection with a series of modifications of a construction loan for the renovation and conversion of a multi-family building, leading to the successful closing of units and payoff and takeout of the mortgage lender;
- representation of a mortgage lender in a $98 million financing of a land assemblage for development as office, hotel, and residential buildings, involving multi-property transfers of development rights and various, staged, zoning application and subdivision processes;
- representation of a purchaser of one tranche of debt in a total of $400 million financing of the acquisition and renovation of a hotel. Closing was contingent upon the settlement of litigation involving a demand for grants of easement rights by adjacent landowners in favor of the borrower which affected access for both properties;
- representation of a leading bank, as lender, in connection with a $1.5 million revolving credit facility to the borrower, an operator of a day camp, secured by all assets of the borrower with secured guaranties of certain of its affiliates and guaranties from the principals of the borrower, and a $4 million term loan to certain affiliates of the borrower, secured by all of their assets, including five parcels of real property owned by such affiliates.
- representation of a leading bank in the refinancing of a large portfolio of sponsor-owned luxury condominium units. The transaction involved a number of complex issues, including conveyance of unsold units to various sponsor affiliates, analysis of the sponsor's confirmed bankruptcy plan, discharge of mechanic's liens of record and coordination with other lenders and the title company.
Memberships and Recognition
- Member - New York State Bar Association - Real Estate Section
- SuperLawyers New York Metro edition - 2011, 2013, 2014 and 2015 - Real Estate
DEBORAH H. BINDLER
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New York, NY