Timothy L. Gustin

Multifamily Finance

Through Tim’s leadership, Moss & Barnett has become one of the leading law firms nationwide in representing Freddie Mac and Fannie Mae lenders. The firm has closed thousands of these loans in every product line, including:

• Portfolio and capital markets executions
• Credit facilities and other structured transactions
• Tax-exempt bond and other targeted affordable housing programs
• Seniors housing
• Manufactured housing
• Small-balance loans

These transactions span the spectrum of deal structures, including joint ventures, tenancies-in-common, ground leases, master leases, condominiums, phased developments, preferred equity, and investment funds. Tim maintains a database of analysis and documentation and has developed efficiencies to close a large volume of transactions.

With many loans now being pooled and securitized, Tim focuses on structuring single-purpose entities and examining the many legal issues necessary for compliance with Standard & Poor’s U.S. Commercial Mortgage-Backed Securities (CMBS) Legal and Structured Finance Criteria. He has published two articles on the topic, Freddie Mac Revives CMBS Market: Capital Markets Execution (CME) Revisited (June 2011) and The Return of Securitized Lending: Freddie Mac Launches CMBS Loan Product (September 2009).

Tim has been selected to serve on the Freddie Mac Multifamily Legal Advisory Council. In that role, he works with Freddie Mac’s legal division to update and improve legal documentation and loan requirements to address legal and industry developments. He plays a similar role as part of Fannie Mae’s Legal Issues Forum.

Commercial Real Estate Finance

Tim has considerable experience representing life insurance companies, bridge lenders, and banks in transactions involving office, industrial, hospitality, retail, and multifamily projects.

These transactions include construction, mini-perm, and permanent loans, as well as tax-exempt bond financing. He routinely works on complex portfolio transactions where the collateral consists of many properties located in multiple jurisdictions.

Tim also represents borrowers, providing insights from both sides of the table into negotiating loan documents, managing expectations, and addressing closing requirements.

Acquisitions, Sales, and Leasing

Tim’s counsel in this area includes negotiation and preparation of letters of intent, purchase agreements, leases, and closing documents, as well as examination of title and other legal due diligence. He regularly addresses matters involving use restrictions, easements, development agreements, and unique subdivisions and plats.