Scott D. Rader Associate

Scott serves as an associate in the real estate and land use department in the New York office of McGuireWoods. He focuses his practice on the representation of lenders in connection with the financing of multifamily properties located throughout the United States through the Fannie Mae Delegated Underwriting & Servicing (DUS) and the Freddie Mac Seller-Servicer loan programs, with an emphasis on affordable housing transactions under the Fannie Mae Multifamily Affordable Housing (MAH) and the Freddie Mac Targeted Affordable Housing (TAH) guidelines.

Scott also represents portfolio lenders and insurance companies in connection with the origination of bridge loans to finance the renovation and stabilization of multifamily properties that do not currently qualify for agency financing.

In this capacity, Scott routinely closes complex multifamily mortgage loans with affordable housing attributes, including Low-Income Housing Tax Credits, Section 8 rental subsidies (including Housing Assistance Payments Contracts), subordinate debt, tax exemptions, abatements, and payment-in-lieu of tax (PILOT) programs, historic tax credits, regulatory and land use restriction agreements, and a variety of federal and state affordable housing and community development programs. In addition, Scott regularly represents clients in the origination of loans involving preferred equity, tax-deferred exchanges, tenancy-in-common structures, ground lease structures, manufactured housing, cooperative housing, and fractured condominium regimes.

Scott is a member of the firm’s Real Estate Capital Markets Industry Team and Affordable Housing Team.

Experience

Conventional Real Estate Finance Transactions

Represented a Freddie Mac seller/servicer in connection with the origination of a $42 million mortgage loan involving preferred equity, a reverse 1031-exchange, tenant-in-common borrower structure and a fractured condominium regime.  

Represented a Freddie Mac seller/servicer in connection with the origination of, and later additions and expansions to, a $100 million revolving Freddie Mac credit facility.

Represented a Fannie Mae DUS lender in connection with the origination of a $500 million mortgage loan secured by an apartment complex comprised of highrise, midrise and duplex style apartments spanning 156 acres in Queens, New York.

Represented an insurance company in connection with the origination of a three property $60 million moderate rehabilitation bridge loan.

Represented a Freddie Mac seller/servicer in connection with the origination of a $100 million portfolio of supplemental loans. 

Represented a Fannie Mae DUS lender in connection with the origination of a $210 million portfolio of several cross-defaulted and cross-collateralized loans. 

Represented a Freddie Mac seller/servicer in connection with the origination of a $20 million lease-up loan.

Affordable Housing Finance Transactions

Represented a Fannie Mae DUS lender in connection with the origination of a $17,396,000 mortgage loan involving interest reduction payments pursuant to a HUD Section 236 loan, a Section 236(e)(2) use agreement, a Rental Housing Assistance Payments (RAP) Contract, a long-term tax abatement, and subordinate debt.

Represented a Freddie Mac seller/servicer in connection with the issuance of a $1.8 million unfunded forward Freddie Mac loan commitment for a transaction involving low-income house tax credits, a HAP Contract, three levels of subordinate debt, a long-term tax exemption, and several land use restriction agreements/deed-restricted affordable housing agreements.  

Represented a Freddie Mac seller/servicer in connection with the origination of a $4.72 million mortgage loan involving an HDFC nominee structure, low-income housing tax credits, multiple tax exemptions, a HAP Contract, two levels of subordinate debt, and affordable housing regulatory agreements.

Represented a nonprofit affordable housing and community revitalization finance company in connection with the origination of a $19.5 million bridge loan secured by five affordable housing properties located in Texas and New Mexico, each allocated low-income housing tax credits and each encumbered by separate land use restriction agreements, and subsequently represented a Fannie Mae DUS lender in connection with the origination of a portfolio of Fannie Mae loans to refinance and satisfy the short-term bridge financing.

Represented a Freddie Mac seller/servicer in connection with the origination of a $10,506,000 mortgage loan involving a ground sublease structure, several regulatory agreements, a long-term tax abatement, a HAP Contract, low-income housing tax credits, and two levels of subordinate debt.

Represented a Freddie Mac seller/servicer in connection with the issuance of a $6,701,000 unfunded forward Freddie Mac loan commitment for a transaction involving a ground leasehold condominium structure, an HDFC nominee structure, low-income housing tax credits, a land use restriction agreement, brownfield tax credits, a HAP Contract, and three levels of subordinate debt. 

  • New York Law School, JD, cum laude, 2012
  • University of Maryland, BA, English, 2009

Member, New York County Lawyers’ Association

  • New York

Selected for inclusion in Best Lawyers: Ones to Watch, Land Use and Zoning Law, Real Estate Law, 2021-2023

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