Bernice also advises several lenders on security related matters including review of title of secured assets, preparation of title reports and reports on tenancy arrangements and security documentation. In addition, Bernice has an expertise in real estate finance and secured lending. She originally worked in a boutique Dublin real estate finance firm specializing in real estate lending HBMO before its merger with Clark Hill. Bernice has advised institutional banking clients, ICAV’s, funds, bespoke lenders, and borrower-developer clients in all aspects of real estate finance. Her extensive experience includes drafting, reviewing, and negotiating facility letters, debentures, deeds of subordination, mortgage deeds, inter creditor agreements, corporate and personal guarantees (limited recourse and otherwise), board minutes, corporate certificates, security reports, and related security and finance documentation. Bernice also advises on complex corporate law matters affecting borrowers (including real estate developers), including all matters regarding corporate authority, constitutional matters and the Summary Approval Procedure with regard to the granting of security.
Bernice provides expert advice through all stages of banking transactions, with a particular focus on the funding and acquisition of development land and residential property, including apartment blocks and mixed use developments, and commercial real estate, including office blocks and retail parks. She also advises on security enforcement, including letters of demand, appointment of receivers, receiver sales, powers of sale under security documentation, work-outs, asset disposals, sales of distressed assets, and restructuring.
Representative Real Estate Finance Experience
- Represented a corporate borrower-developer client in drawing down €20 million in development finance for a residential development
- Represented a domestic lender in the advance of €10 million in loan facilities for the acquisition of a commercial real estate portfolio
- Completed large-scale, project- analysis of security held by a foreign lender in Ireland prior to a loan sale of €30 million
- Recently advised a bespoke Borrower on all security related matters including the negotiation of limited recourse security and the successful draw down of loan facilities to fund a commercial property development in the amount of €7 million
