In today's sensitive and constantly evolving economic climate, we represent a wide range of clients in providing comprehensive solutions to complex, under-performing real estate situations, including restructuring troubled real estate loans and mortgage backed securities, and in working with investors who own or desire to acquire distressed real property or delinquent mortgage loans.
Our attorneys have vast experience in the unique issues that affect loan restructures and workouts. We have been instrumental in significant workout and reorganization matters involving such diverse real estate sectors as shopping centers, office buildings, multifamily housing projects and other commercial, industrial, residential, and agricultural properties, manufacturing, distribution, high technology, computer services, healthcare/hospitals, wholesale and retail sales, service providers, financial services, motion picture theaters, hospitality providers, restaurant/food service, transportation, and energy and oil and gas.
We are well qualified to assist with special issues related to sophisticated financing techniques, including structured financings, project financings, derivative transactions, securitized loans (including CMBS), multi-lender participation loans, mezzanine financing, synthetic leases and other off-balance sheet financing structures, sale-leaseback transactions, and bond financings. We are experienced with the implications of single-asset bankruptcy remote entities.
We represent financial institutions and private-equity groups in the securitization, CMBS market, and other related loan environments. We have extensive experience in the capital markets and with securitizations, including complex securitization restructuring transactions. Our experience in the capital markets enables us to guide clients quickly and decisively through all phases and directions of a securitization, and workouts related to securitized loans.
We have extensive experience with mediation, arbitration, and other alternative dispute resolution techniques.
In representing clients in loan restructure and workout situations, we strive to develop a cost effective strategy to attain the highest recovery solution for the client. In that regard, working closely with our clients, our attorneys analyze the factual and legal issues involved, identify advantages and disadvantages of alternative courses of action, advise on strategic decisions and unique approaches (including "stalking-horse" bids), and present the client's legal positions efficiently and effectively both in negotiation and documentation, as well as in court proceedings.
Recognizing the variety of legal issues that can arise in loan restructure and workout matters, we often use an integrated multi-disciplinary team approach involving attorneys experienced in real estate, banking and business law, litigation, bankruptcy law, corporate and partnership law, energy and environmental law, labor law, employee benefits law, intellectual property rights law, governmental regulation law, and tax law in order to provide comprehensive and creative analysis and effective representation.
Our mortgage loan restructure and workout and CMBS workout service includes:
Consensual loan restructures and workouts
Counseling clients regarding alternatives and strategies when dealing with financially troubled borrowers; background due diligence and analysis of existing loan documentation and facts and circumstances surrounding default; "bad-faith" issues; advice regarding lender liability and creditor control considerations; usury analysis; exempt property considerations; disclosure; regulatory considerations; pre-workout agreements; forbearance agreements; confidentiality agreements; letters of intent; addressing issues involving multi-lender participation loans; lien priority issues; dealing with third parties, such as landlords, contractors, and vendors; negotiation and documentation of loan modifications, extensions, and restructures; demands against primary obligors and guarantors; settlement and release agreements; advice regarding set-offs; realization upon letters of credit and other credit enhancement.
Asset and Collateral Realization and Recovery Enforcement of assignment of leases and rentals, deeds in lieu of foreclosure, structured auctions, non-judicial deed of trust and mortgage foreclosures, and personal property self-help remedies under the Uniform Commercial Code.
Litigation
Collection matters; mediation, arbitration, and alternative dispute resolution; suits against primary obligors and guarantors; inter-creditor disputes; lender liability litigation; bad-faith litigation; injunctive and other status quo relief; pre-judgment remedies; state court fraudulent transfer matters; defense of claims made against the lender; enforcement of assignments of leases and rentals; receivership matters; litigation associated with judicial and non-judicial foreclosures; and post-judgment collections.
Bankruptcy
Evaluation of the possible effects of debtor insolvency on creditors; pre-bankruptcy planning; representation in connection with Chapter 11 and Chapter 7 bankruptcy cases; relief from automatic stays; adversary proceedings, including fraudulent transfer, preference, and other avoidance actions; cash collateral and adequate protection; assumption or rejection of leases and executory contracts; litigation arising in connection with bankruptcy cases; appeals of bankruptcy proceedings; liquidation proceedings; confirmation and enforcement of Chapter 11 plans of reorganization; the purchase and sale of estate assets; and post-reorganization matters.
Our attorneys have the skills and experience to provide top-quality, comprehensive, responsive legal services for mortgage loan restructures and workouts, as well as CMBS transactions, all in an efficient and cost effective manner.
