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Borrower Representation: Opinion Letters, Including Substantive Non-Consolidation (Bankruptcy) Opinions

Allen Matkins helps clients obtain and issue opinion letters, which are required by lenders in virtually every commercial real estate loan.

These opinions range from basic formation, authority and enforceability opinions to the more complex bankruptcy, non-consolidation, true-sale opinions and opinions required with respect to the Internal Revenue Code provisions regarding Real Estate Mortgage Investment Conduits (REMIC).

Too often, the opinion letter aspect of a commercial real estate loan transaction takes on a life of its own, with attorneys arguing needlessly while expending large sums of the borrower’s money.

Because of the depth and breadth of our experience with respect to legal opinions and our desire to close transactions in a cost-efficient manner for our borrower clients, the opinion letter is often one of the simplest aspects of the deal.