Tracey Bailey

Tracey Bailey is a real estate finance attorney, representing national and regional lenders in a wide variety of commercial real estate transactions, with a particular focus on construction lending in all asset types including retail, industrial, multifamily, healthcare, and hospitality. Known as dependable and responsive, Tracey is deeply experienced in all aspects of the loan process, managing transactions from origination to closing, as well as loan modifications and workouts.

She regularly represents institutional lenders with respect to complex real estate finance issues including ground leases, tenant-in-common structures, mezzanine financing, A/B Notes and portfolio structures. Her experience also includes loan servicing matters including consents, modifications, assumptions, partial releases, workouts, forbearance arrangements and foreclosures. Tracey works with mezzanine lenders with respect to originations of real estate mezzanine loans including negotiations of complex intercreditor issues.

Her practice also includes the representation of purchasers and sellers in the acquisition and disposition of various types of real estate.

Representative Experience

• Representation of national and regional institutional lenders with respect to interim and permanent loan originations in all categories of real estate including retail, industrial, multifamily healthcare and hospitality and involving complex issues including ground leases, tenant-in-common structures, mezzanine financing and A/B Note and portfolio structures
• Representation of national and regional institutional lenders with respect to the origination of construction loans in all categories of real estate including retail, industrial, multifamily, healthcare and hospitality
• Representation of private and institutional mezzanine lenders with respect to originations of real estate mezzanine loans including negotiations of complex intercreditor issues
• Representation of national and regional lenders with respect to servicing matters including consents, modifications, assumptions, partial releases, workouts, forbearance arrangements and foreclosures
• Representation of clients in the acquisition and disposition of various types of real estate
• Representation of borrowers with respect to the issuance of nonconsolidation opinions