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.