Seniors Housing
Tonkon Torp represents owners, operators, managers, developers and investors in the national seniors housing market. From independent and assisted living facilities, to skilled nursing and continuing care communities, we handle the full breadth of real estate, development and business matters faced by our clients.

Our seniors housing clients appreciate our long history of representing borrowers in home financing transactions, including Fannie Mae and Freddie Mac loans for both local owner/operators and national firms. We also have significant experience doing corporate, LLC and joint venture work for clients who are active in the senior housing industry.

Additional services we provide to seniors housing clients include:
  • Acquisitions
  • Sales and financing
  • Licensing and permitting
  • Development and construction
  • Real estate and land use
  • Labor and employment

Loan Transaction for California Seniors Housing 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 Seniors Housing 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.

Seniors Housing 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 seniors housing 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.

Senior Housing 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.

Representative Matters

Loan Transaction for California Seniors Housing Refinancing

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