Senior Living
Tonkon Torp represents owners, operators, managers, developers, and investors in the national senior living (aka seniors housing) market. From independent and assisted living facilities to skilled nursing and continuing care communities, we guide our clients through the full breadth of real estate, development, and business matters.

Our senior living clients appreciate our long history of representing borrowers in financing transactions, including Fannie Mae and Freddie Mac loans for both local owner/operators and national firms. We also have significant experience advising clients who are active in the senior living industry with respect to their corporate, LLC and joint venture needs.


Additional services we provide to senior living clients include:
  • Acquisitions and sales
  • Joint ventures and corporate finance
  • Bakruptcy and restructuring
  • Development and construction
  • Real estate and land use
  • Labor and employment
  • Licensing and permitting

Tonkon Torp Secures Complete Victory – and Wins Attorneys’ Fees – in Employment Litigation Matter for Sunshine Retirement Living

In a very rare decision by a federal court, Tonkon Torp partner Haley Morrison won attorneys’ fees for the defense in a case alleging state and federal discrimination and retaliation claims. Morrison, along with local counsel from Troutman Pepper’s Atlanta office, defended Sunshine Retirement Living in the case brought by a former employee, before the U.S. District Court for the Northern District of Georgia.

Sale of Senior Living Businesses & Property with Added COVID-Related Negotiations

Represented two affiliated senior living facilities in the sale of the businesses and underlying real property. This sale involved a payoff of a Housing and Urban Development (HUD) loan and coordination with the buyer for a replacement HUD loan at closing. In light of reduced occupancy amidst COVID-19, Tonkon Torp assisted the parties in negotiating a purchase price holdback to be released to either buyers or seller over the course of a year based on post-closing occupancy rates.
 

Complex Senior Living Transaction

Represented client in transaction to manage and potentially, in the future, acquire existing senior living facilities. The transaction involved complex issues of state licensing and regulatory oversight of facilities that receive state financial assistance.

Development of Massachusetts Senior Living Facilities

Represented senior living client in the formation of a joint venture with a Massachusetts developer to acquire a partial interest in a real estate sale agreement, and the acquisition of a portion of the property for the development of two assisted living facilities. The real estate transaction involved the subdivision of the property, creation of easements and other rights to the lots not acquired by the client, and the imposition of historical preservation and affordable housing covenants on the property as a condition of development. Also assisted the joint venture to obtain construction financing.

Senior Living Loan

Negotiated and closed a $16.7 million permanent loan with local counsel based in Camp Hill, Pennsylvania for an independent living facility in Bethlehem, Pennsylvania.

Loan Transaction for California Senior Living Refinancing

Represented client in $18.6 million loan transaction with FNMA to refinance independent living seniors housing facility in Novato, California.

Trademark Dispute Resolution

Represented a national provider of senior living and assisted living facilities in the resolution of a trademark dispute concerning the unique name of a local senior living facility.

Senior Housing Facility Acquisition

Negotiated and closed $14.2 million acquisition and acquisition loan for a national owner and operator of senior housing facilities. The client sought to purchase an existing facility that had been developed and built by an inexperienced operator in Louisiana. The seller's loan was in default and the property was at risk to go into foreclosure, making it essential that the deal be completed with speed and efficiency.

Native American Senior Living Facility

Represented Oregon tribe in the negotiation of a long-term ground lease of tribe property for operation of senior living facility serving tribal members.

Advising National Senior Living Clients

Ongoing representations of major retirement residence companies in their real estate transactions, business sales and acquisitions, and construction and loan transactions, including Fannie Mae and Freddie Mac loans, throughout the United States. Recent projects included sales of independent living facilities in California and purchase of others in Louisiana, and numerous construction and permanent loan transactions nationally.

Senior Living Secured Financing

Ongoing representation of several national and regional independent and assisted living owners in complex financing transactions, including securitization and defeasance transactions.

Jerry Erwin Associates, Inc. v. Brousseau, et al.

(USDC, D. Tex.) - Represented Jerry Erwin and Associates, Inc. against eight defendants who were using the client’s copyrighted architectural plans to develop senior living facilities. The case was settled favorably for all parties with an ongoing business relationship between the client and defendants.

In re Stayton SW Assisted Living, L.L.C. (the Consolidated Sunwest Related Entities)

(Bankr. D. Or.) - Tonkon represented debtor, Stayton SW Assisted Living, L.L.C., and over 700 substantially consolidated affiliates, in a Chapter 11 proceeding that resulted in a confirmed Plan of Reorganization. The biggest and most complex bankruptcy case ever filed in Oregon, the consolidation, restructuring and $1.2 billion sale involving over 700 of Sunwest entities demanded legal expertise in bankruptcy, securities, tax, real estate, corporate governance, litigation, mergers and acquisitions, regulated industries and commercial transactions. Al Kennedy and Tim Conway worked with a team of Tonkon lawyers and paralegals who developed and executed a complex resolution that restructured obligations owing to over 90 secured lenders, sold 146 senior living facilities (including approximately 1,200 tenant-in-common interests held by investors), and resulted in distributions to creditors and investors exceeding 100% of their claims.

2021 Oregon Legislative Forecast Is Hazy with a High Chance of Storms

The 2021 legislative session is underway, and it’s already shaping up to be one of the most dynamic in a string of dynamic sessions. Before I give you a rundown of the key bills I’m watching for the commercial real estate industry,
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Trump Proclamation Suspends Entry of Immigrant Visa Applicants Into U.S. for 60 Days

On April 22, 2020, President Trump issued a Presidential Proclamation temporarily suspending entry into the United States of certain foreign nationals outside the United States seeking immigrant visas. The Proclamation has several exceptions, and…
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Commercial Real Estate in the Age of Coronavirus

The coronavirus (COVID-19) pandemic has brought a whirlwind of changes to how business is done in Oregon and across the country, and commercial real estate is no different. Enough time has passed, however, that a pattern of prominent issues has begun…
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Representative Matters

Sale of Senior Living Businesses & Property with Added COVID-Related Negotiations

Represented two affiliated senior living facilities in the sale of the businesses and underlying real property. This sale involved a payoff of a Housing and Urban Development (HUD) loan and coordination with the buyer for a replacement HUD loan at closing. In light of reduced occupancy amidst COVID-19, Tonkon Torp assisted the parties in negotiating a purchase price holdback to be released to either buyers or seller over the course of a year based on post-closing occupancy rates.