Real estate services

Distressed property, workouts, and foreclosures


Distressed properties can actually present business opportunities. Where others see only loss, we are typically able to find you value.  Our cross-discipline team brings experience and expertise across the firm together to provide efficient and effective service, whether on behalf of the lender, creditor, lien holder, borrower, receiver or the myriad of other parties directly or indirectly impacted by the distressed property. Because of our diverse experience, we are able to better anticipate your needs and work towards a result that makes sense for all involved. 

The services we provide to our clients include:
  • Structuring a sale/purchase of a nonperforming loan
  • Negotiating the financing or refinancing of a distressed property
  • Assisting sellers and buyers of non-performing loans
  • Loan workouts
  • Judicial foreclosures
  • Non-judicial foreclosures
  • Land contract foreclosures and forfeitures
  • Deeds in lieu of foreclosure
  • Short sales
  • Receiverships
  • Lender liability
  • Diligence support
  • Priority disputes
  • Title claims and indemnification
  • Leasing considerations
  • Bankruptcy considerations
  • Tax implications

Representative Matters

  • Represented a private company in the sale of corporate real estate assets; represented seller in all legal aspects of sale
  • Represented a hotel owner to bid on and purchase all hard assets of bankrupt on-site restaurant and obtained a full release from lease
  • Represented a national lender in the foreclosure and ultimate bankruptcy sale of a failed waterfront condominium project
  • Represented a national lender in the foreclosure and/or workout of over $100 million in failed residential development mortgage loans
  • Counseled lenders and borrowers in distressed loan workouts, forbearance arrangements and foreclosures
  • Represented developer of apartment complexes in negotiating workout and forbearance arrangements and drafting various motions and other pleadings in the subsequent foreclosure defense proceedings relating to various projects throughout the State of Florida
  • Represented a private lender in the workout, foreclosure and bankruptcy proceeding of a 70 unit condominium project, including issues relating to ILSA, AIA Construction Contracts, and Florida Construction Lien Law issues
  • Represented a lender in the workout and foreclosure and re-sale of 10 fast-food franchises in three different states
  • Represented a borrower in refinancing a $40,000,000 credit facility
  • Represented unsecured creditor committee in large suburban retail shopping/entertainment complex
  • Represented Debtor real estate holding companies in Chapter 11 reorganization
  • Represented Debtor real estate development company in Chapter 11 and acquisition of its assets through bankruptcy sale
  • Represented several secured lenders in all phases of commercial mortgage foreclosure litigation in Illinois, Wisconsin and Indiana
  • Represented publicly traded homebuilder with substantial operations in Florida, the Mid-Atlantic, Texas, and the West, doing business under trade names, including Newmark, Engle Homes, and Trophy Homes, in its out-of court restructuring and Chapter 11 bankruptcy cases
  • Represented private company in purchase of distressed loan and subsequent foreclosure and re-sale of an alcoholic beverage bottling and distribution plant