Transaction Overview
GSP successfully placed the 85% loan to purchase debt on the distressed note for a first time note purchaser. The original loan funded a large mixed use property that was part of a complex New Market Tax Credit (NMTC) Project. The note seller mandated a quick sale with a five day due diligence period and a five day close. GSP secured a two-year loan for 10.25% interest only.
Challenge: Unlike traditional real estate assets, note purchasers only acquire the legal right to collect previously contracted mortgage payments; and in event of default, foreclose on the property. A note lender has very limited options to secure their interest in this type of transaction. The quick timing and knowledge that the original borrower is non-cooperative, using every legal tool to delay or block lender actions, added a significant complexity to this transaction. In addition to being contested by the primary borrower, the NMTC structure of the borrower increased the difficulty of this transaction.
Solution: GSP used its’ expertise and strong relationships to identify a private equity lender who had financed 3rd party contested notes and worked with the client to understand the collateral loan and the NMTC structure. With the LOI signed on day two of the five day due diligence period, GSP worked with the client to complete legal and due diligence before the end of the five day period. GSP successfully closed the transaction for the client within the five day period after the due diligence period as required by the note seller.
