Services

Firm Overview

Niles Holmes PC was formed in January of 2004 as a real estate boutique law firm in order to provide a more specialized legal representation to financial institutions on a national basis for their commercial real estate lending and servicing requirements. Our founder, Niles Holmes, while serving as the practice group chairman of the real estate lending group at Winstead Sechrest and Minick PC, observed the disturbing trend of rising associate compensation in direct proportion with the dramatic increase in the hourly rates of the attorneys and paraprofessionals this trend were inconsistent and inadequate legal representation and exorbitant legal fees resulting from the synergistic effect artificially inflated hourly rates and a business model that encouraged inefficiencies of inexperienced associates who are working under increased billing requirement pressures. Although all of these cost inefficiencies may be ameliorated in either the large transaction or the commoditized limited negotiation context, Mr. Holmes theorized that a competitive niche would be created that could be more adequately served by small teams of very experienced and technically competent attorneys and paraprofessionals that could efficiently represent lenders in the origination, closing, servicing and restructuring of complicated highly structured and heavily negotiated commercial real estate lending transaction. Thus, Niles Holmes PC was formed and served as lending sector with the sophisticated, efficient, time sensitive and cost sensitive legal representation. Since our founding, the legal fees of larger firms have actually increased exponentially while Niles Holmes PC fees have remained relatively constant. We have further specialized into the two practice groups of real estate lending and structuring and servicing.

Real Estate Lending

We have counseled lenders through all cycles of the real estate market and as a result, have negotiated and documented financing for every type of real estate structure and project. Our clients rely on our expertise and attention that only attorneys who specialize in this area can provide.

We understand the complexity and goals of commercial and real estate lending. We bring unique knowledge to the documentation, underwriting and due diligence functions. For each transaction, we designate a legal team composed of individuals who have the appropriate levels of experience and skill, thus providing quality legal services in a timely and cost effective manner. This team approach solidifies and advances our clients’ relationships with their customers. Our attorneys have counseled lending clients through all of the past real estate cycles and, as a result, have negotiated and documented both loans and workouts for every type of real estate structure and project. We have extensive, in-depth experience having closed more than 1,000 loans secured by commercial real estate in all 50 states, with loan sizes ranging from less than $1 million to in excess of $280 million.

Our clients are primarily commercial institutional lenders, including banks and savings associations regulated by federal and state agencies. With clients active in all national markets, we regularly handle commercial financial transactions collateralized by office, retail, apartment, condominium, industrial and special use projects in Texas and throughout the United States.

Our attorneys have documented and negotiated virtually every kind of financing structure, from single projects to multi-property pools, and financing type, such as acquisition, development, construction, bridge or mezzanine.

Restructuring and Workouts

Although we take great pride in our ability to help lenders close transactions, not every market is conducive to performing portfolios. During market downturns and corrections in the real estate economy, our attorneys have guided clients through restructuring with innovative solutions. The negotiating, consensus building, bargaining and problem solving skills of our attorneys lead to creative results that are efficiently achieved. Additionally, regarding the last resort, our attorneys are also skilled and experienced in the complex foreclosure process and apply this expertise to guide our clients through uncertainty.

During a number of downturns and corrections in the real estate economy, our attorneys guided their clients through restructuring with innovative solutions. The skill of our attorneys in negotiating, consensus building, bargaining, and problem solving each contribute to creative results that are efficiently achieved. Our attorneys have extensive experience in modifications, foreclosures and loan sales. This experience specifically includes the non-adversarial assumptions and defeasance transactions relating to the structured finance practice group

Purchase and Sales Transactions

Niles Holmes PC provides services for the acquisition and disposition for all types of commercial and agricultural transactions.

Local Counsel and Legal Opinions

As a result of Niles’ service on Winstead’s legal opinion committee and our experience of closing lending transactions throughout the United States, Niles Holmes is uniquely qualified to act as local Texas counsel and issue a legal opinion regarding Texas law. These opinions have ranged from Texas and ABA Accord, CMBS, Agency and non-consolidation opinions.

Agriculture

As a new practice area, Niles has decided to merge his extensive agricultural experience prior to entering law school with his 30 years of commercial transaction legal experience in order to assist clients in their agricultural law transactions.