Freeman, Freeman & Smiley LLP

Professional Details

Roxana K. Chamouillé, Partner

Roxana K. Chamouillé handles sophisticated commercial real estate transactions on behalf of borrowers, property owners, developers, and local, regional and nationwide institutional lenders, with an emphasis on financing, acquisitions, dispositions, and leasing.  

Ms. Chamouillé’s extensive real estate experience includes negotiating, documenting, closing and reviewing loan documentation for the acquisition, development, and construction of regional shopping centers, retail power centers, residential housing projects, industrial buildings, office buildings, self-storage facilities, hotels, and schools; real estate loan workouts and foreclosures; commercial property leasing; purchase and sale transactions; receivership and loan/guaranty enforcement litigation; and various due diligence matters, including title, zoning, survey, and organizational document review.  She represents a wide variety of clients ranging from business entities to pro bono individuals.

Prior to joining the firm, Ms. Chamouillé was the Founder and President of RKC APC, a law firm specializing in real estate transactions and litigation.  She has been a lead and supervising attorney for highly complex litigation matters involving construction defects, insurance coverage, and failed commercial real estate transactions.  Ms. Chamouillé has represented various developers, insurance carriers, and individual business owners in all stages of litigation, successfully negotiating favorable settlements for her clients.

While a student at the University of Southern California Gould School of Law, she was a certified law clerk with the Los Angeles County District Attorney’s Office – Major Crimes Division, where she was actively involved in the prosecution of high profile cases.

Professional & Community Involvement

  • Freeman Freeman & Smiley, LLP | Marketing Committee
  • Orange County Bar Association – Banking, Lending Law and Real Estate Sections
  • Orange County Financial Society
  • Commercial Real Estate Professionals Orange County
  • Basset Hound Rescue of Southern California and other animal advocacy groups | Volunteer

Representative Clients and Matters

Representation of prominent credit union in various matters, including the following:

  • Modification and forbearance of various types of loans secured by properties located in various states.
  • Restructure and modification of multiple complex multi-million dollar loans, cross-collateralized by several properties.  Facilitated resolution of highly contentious bankruptcy proceeding in connection with the workout.  Modification included secured and unsecured financing and subordinate debt.
  • Initiation and handling, from inception to completion, of various judicial and non-judicial foreclosure proceedings, with title reverting to the lender, and the recovery of substantial deficiency amounts against the guarantors.
  • Evaluation of various complex trust agreements in connection with lender’s underwriting of multi-million dollar loan to fund the purchase of a major retail center.
  • Negotiation and preparation of documents for the sale of loans to third-party purchasers.

Representation of major bank in various matters, including the following:

  • A complex $14 million letter of credit facility involving multiple subordinate creditors, to finance the purchase of a high school and the payment of expenses in connection with the associated bonds.
  • Multiple borrowing base facilities, including a $70 million facility to provide a highly reputable real estate developer with acquisition and development funds for multiple residential lots and residential home projects.
  • A multi-million dollar loan to fund the borrower’s purchase of a portfolio of several SBA 504 real estate loans, with the lender’s loan secured by the purchased loans, as well as the properties securing the SBA loans.

Other Representative Matters:

  • Negotiation and drafting of various types of loan documents, conducting due diligence, and closing loan transactions, for loans ranging from $1 million to $70 million, for multiple lenders throughout the United States.
  • Representation of CMBS lender in connection with multiple loans to various borrowers, secured by property located throughout the United States.  Loan amounts ranged from $1 million to $10 million.
  • Representation of special servicer in connection with enforcement of borrowers’ obligations for multiple defaulted loans throughout the United States.
  • Representation of lessee in commercial lease litigation against lessor and real estate brokers, involving causes of action for breach of contract, breach of the covenant of good faith and fair dealing, and breach of fiduciary duties.  Obtained favorable settlement for client, which included early lease termination several years prior to end of lease, as well as significant compensatory damages.

Presentations & Publications