The Covid-19 pandemic has caused unprecedented disruptions throughout the real estate industry. Our team is uniquely prepared to handle this challenging time for clients facing real estate assets in distress. We will work with lenders, borrowers, developers, investors, banks, non-banks, construction companies, landlords, tenants, owners and operators to address distressed assets head-on. We handle all aspects of distressed real estate debt, including workouts, loan modifications, restructurings, bankruptcies, foreclosures, deed in lieu of foreclosures, Uniform Commercial Code (UCC) sales and other real estate owned (OREO) administration. Our capabilities include:
For our lender clients we perform pre-workout analyses for troubled loans, loan portfolios and lender liability avoidance. We also perform rapid due diligence reviews in order to complete our analysis. For our borrower or debtor clients sensing trouble for their assets we perform due diligence and asset clean up, develop alternative strategies to address lender concerns, and if necessary, provide pre-bankruptcy planning.
In troubled real estate workouts we help our clients identify and implement a wide array of solutions for their specific needs. We assist both our lender and borrower clients with all aspects of loan workouts, including forbearances, loan modifications, project entitlement and development issues, and negotiations to bring the lender, borrower and other interested parties together to successfully restructure and document their deal. We also advise on all types of real estate matters in bankruptcy, including single asset real estate case issues, adequate protection of the lender’s interest in collateral, stays against lien enforcement, valuation of collateral, assumption or rejection of leases, and restructuring loan terms through a confirmed plan of reorganization.
When enforcement actions are required, we work efficiently to pinpoint the most effective remedies for our lender. These remedies include judicial and non-judicial foreclosure proceedings, deeds-in-lieu, receivership actions, deficiency collections and related litigation. We defend enders against lender liability claims, countersuits, and other claims arising from distressed real estate loans, in both state and federal courts.
Troubled real estate offers an excellent opportunity for investment. The investment may come as acquisition or disposition of all asset types, including commercial, industrial, retail, office, mixed-use, multi-family, single family, warehouse, condominium, residential, or hotel and resort. The investment may also occur as a mezzanine loan, a joint venture formation, or a cash infusion with a preferred return. Alternatively, we can assist in buying or selling notes or other debt instruments, effectuate bulk sales and auctions, and to consolidate rights and liens prior to any enforcement remedy.
In the event real estate is held, post foreclosure or post deed-in-lieu, whether by a lender client in OREO, REO or an investor in a portfolio, we can resolve any outstanding issues relating to entitlements, community associations, zoning, permitting, municipal relationships, leasing and environmental issues. Whether a client plans to hold the asset for a period of time while waiting for a stronger market, or intends to instantly repositions the asset and sell it into the current market place, we are experienced in the sale acquisition of real property assets, including marketing and brokerage issues, for lenders and investors alike.
Bankruptcy Chapter 7 Personal
Bankruptcy Chapter 11 Business Reorganization and Financial Restructuring
Chapter 12 Bankruptcy
Chapter 13 Bankruptcy
Small Business Bankruptcy
Commercial Real Estate
Consumer Financial Services Litigation
Creditors’ Rights and Enforcement
Distressed Loan Sales
Distressed Real Estate
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