Contact Information

Practice Areas

  • Real Estate
  • Financing
  • Servicing

Overview

Education

Nova Southeastern University, J.D.,
magna cum laude, 1995

Florida International University,
B.B.A., 1991

Miami-Dade College, A.A.,
Business Administration, 1989

Bar Admissions

Florida (1995)

Professional Associations

Cuban American Bar Association (CABA), Member
CABA, Pro Bono Project, Inc. Board of Directors, 2013 – 2018
Commercial Real Estate Women (CREW) Miami Chapter
CREW Miami Chapter, Chair of Membership Committee, 2014
Street Law Legal Diversity Pipeline Program, 2011 – 2013

Languages

English

Spanish

Biography

Monica Cunill-Fals represents local, national and international clients in the acquisition, disposition, development, financing and leasing of various types of commercial real estate projects including shopping centers, office buildings, apartment complexes, self-storage facilities, industrial properties and hotels. She also has significant experience representing servicers (including the largest special servicer in the country) of securitized commercial real estate loans with respect to, loan assumptions and interest transfers, loan and judgment sales, bankruptcy claim sales, REO sales, loan modifications and forbearances, discounted payoffs, partial releases and deeds in lieu of foreclosure, as well as representing financial institutions and other lenders with respect to the origination of commercial real estate loans and mezzanine loans.

Ms. Cunill-Fals is actively involved with, and committed to, our local community. She is an active member of the Cuban American Bar Association (CABA), has served on various CABA committees throughout the years and was previously awarded with CABA’s Outstanding Member Award. She was the recipient of the John Edward Smith Child Advocacy Award. Ms. Cunill-Fals is also a member in the Miami Chapter of Commercial Real Estate Women (CREW) and was the recipient of the CREW Networking Deal of the Year award in 2014. She was also appointed to the board of CABA Pro Bono, Inc. in 2013 and continues to serve as a board member.

Publications & Speaking Engagements

  • Presenter, “Top Issues in CRE Contracts and Loan Application Process,” 2015
  • Co-Presenter, “Loan Assumptions Seminar,” 2015
  • Co-Presenter, “Special Servicing Seminar,” 2013
  • Co-Presenter, “Loan Assumptions 101 Seminar,” 2013
  • Presenter, “SPE Entities and Transfer Provisions,” 2013
  • Co-Presenter, “All Things Leasing Seminar,” 2013
  • Co-Author, “Loan Purchase Offers Commercial Real Estate Investment Opportunities,” New Miami Blog, 2012
  • Co-Author, “Investment Analysis Buying Into Distress: Don’t discount due diligence when purchasing troubled loans,” Commercial Investment Real Estate, 2010
  • Co-Author, News Alert: “Dealing With Your CRE Portfolio,” ABA Banking Journal, 2009

Awards & Recognition

  • Commercial Real Estate Women (CREW) Networking Deal of the Year Award Recipient (2014)
  • Cuban American Bar Association (CABA) Outstanding Member Award, Recipient, 2008
  • John Edward Smith Child Advocacy Award, Recipient, 2005.

Matters

Loan Originations

  • Represented investment banks in connection with hundreds of commercial mortgage loan originations throughout the United States.
  • Represented numerous financial institutions and other lenders with respect to origination of, or participation in, commercial real estate loans throughout Florida, including construction loans.
  • Represented lenders in connection with mezzanine loans.

Servicing of Commercial Mortgage-Backed Securities Loans

  • Represented servicers (including the largest special servicer in the country) of commercial mortgage-backed securities (CMBS) loans in a variety of complex matters involving performing and non-performing loans, which special servicer serviced over 100 pools of CMBS loans, totaling more than $150 billion in principal and relating to real property interests throughout the United States.

Leasing Transactions

  • Represented several office building owners in office leasing transactions throughout Florida.

Purchase of Loans

  • Represented clients in the purchase of loans secured by commercial real estate throughout the United States.

Sale of Loans

  • Represented clients in connection with the sale of loans with an aggregate approximate balance of $3 billion, the largest of which had a balance of $192,000,000.
  • Represented a client in connection with the sale of a defaulted mortgage loan with an approximate principal balance of $36,000,000. The collateral for the loan was a multifamily project located in the Bronx, New York, and the sale was accomplished through a transfer of the membership interest in the entity that owned and held the loan.

Acquisition, Financing, and Dispositions

  • Represented international company in the purchase of a hotel in downtown Miami. The assemblage of the property required acquisition of 2/3 of a downtown city block from several different owners and multiple ground lessees, negotiation with a labor union and termination of tenant leases, as well as the acquisition of the operating hotel.
  • Represented local developer with respect to purchase of commercial property in Coral Gables for potential re-development.
  • Represented national and international clients in purchase and sale of numerous lots in Wynwood and Design District area of Miami.
  • Represented international client with the $57,000,000 sale of mixed commercial use property located in downtown Miami across the Adrienne Arsht Center for the Performing Arts and between the Brickell corridor and the Design District.