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M. Frances Buchinsky
Special Counsel

Ms. Buchinsky’s practice focuses on the representation of financial institutions and owner/developers in the financing of commercial real estate transactions in New York City and throughout the United States with an emphasis on owner/developer representation.

Her experience includes:  construction, interim and permanent financing of apartment buildings, office buildings, hotels and other types of commercial property through both traditional portfolio lenders and investment banks originating for securitization and/or sale in the capital markets; mezzanine financing; sale/leaseback financing; credit lease financing; and workouts and restructuring loans.  These financings have included single property transactions, as well as large multi-state/multi-property transactions.

Ms. Buchinsky also represents owners, developers and lenders in a wide variety of commercial real estate transactions.

Representative Matters

Recent Borrower Representation

  • Construction loan from a commercial bank for construction of a lower Manhattan luxury residential condominium project and mezzanine loan from a lender, affiliated with the construction lender, to fund a portion of the equity requirement.
  • Construction loan from a portfolio lender for construction of a midtown Manhattan hotel and mezzanine loan from a real estate investment partnership to fund a portion of the equity requirement.  Permanent loan, refinancing the construction loan and mezzanine loan, from a portfolio lender upon completion of construction.
  • Leasehold financing from a commercial bank to fund the costs of demolition and infrastructure installation in connection with the development of a multiple site residential complex in Queens, combined with the issuance of letters of credit in favor of the landlord under the ground leases for the respective sites to secure payment for such work.
  • Refinancing of a Manhattan apartment building by a portfolio lender in connection with the defeasance of the existing mortgage loan which was part of a mortgage-backed securities pool.
  • Sale/leaseback of a headquarters office located in the mid-west financed by a group of insurance companies through an indenture trust financing vehicle.
  • Permanent loan for an office complex in Queens made by an investment bank for securitization, with a building loan tranche for construction of an addition to the existing building which was made possible by a credit enhancement facility from a commercial bank.
  • Permanent loan for a newly constructed apartment building in lower Manhattan from an investment bank that originated the loan for securitization.

Recent Lender Representation

  • Construction loan to developer of a luxury hotel/resort complex in the British Virgin Islands.

Education
J.D., Fordham University School of Law, 1975
B.A., summa cum laude, St. Francis College, 1966

Bar Admissions
New York, 1976

Professional Affiliations
New York State Bar Association, Member Business Law Section; Real Property Law Section
American Bar Association, Member, Section on Real Property, Probate and Trust
New York County Lawyers Association