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Real Estate Litigation & Transactions
Real estate matters often involve costly legal
proceedings that can take months, if not years, to
resolve without the assistance of a knowledgeable
lawyer. The intricate makeup of real estate transactions
provides many opportunities for issues to arise during
the transaction and years in the future. Engaging an
accomplished, knowledgeable real estate attorney helps
to easily avert disputes.
The firm has expertise in providing expert and practical
advice in all areas of real estate property law. We
offer our clients counsel to prevent or minimize the
risk of disputes and are readily able to handle all
types of real estate litigation. We provide experienced,
ongoing advice in all types of real estate property
transactions relating to all asset classes. The firm
handles real estate matters concerning:
• Commercial Acquisitions and Dispositions
Commercial real estate law governs real property that
generates income. It is far more complex than
residential real estate and, as such, carries
significantly more risk and potential liability
exposure. Business property transactions operate on a
huge scale, involve significant amounts of money, have
less consumer protections than residential real estate,
and carry much stiffer penalties for violations.
Commercial real estate includes property such as:
•Offices
•Shopping malls
•Restaurants
•Retail stores
•Factories
• Real Estate Financing, including Development,
Construction, Leasehold Financing and Syndicated Loans
The firm provides experienced, sound counsel to banks
and other
institutional lenders, insurance companies, investors,
and other lenders in all areas of banking and lending
activities involving real estate collateral.
These include structuring, negotiating and documenting
financing in the following transactions:
•Mortgage lending;
•Construction financing;
•Letter-of-credit financing;
•Lease financing;
•Acquisition financing;
•Loan participations
• Commercial Leasing, including Ground Leases and
Office, Retail and Shopping Center Leases
A commercial lease is a rental agreement for business
property. Since the majority of consumer protection laws
do not cover commercial property leasing agreements,
your primary concern in designing a lease should be
ensuring it clearly protects your interests. At a
minimum, leases should include starting and ending
dates, when the rent is due, if the lease is renewable,
and who is responsible for property maintenance.
The firm is imminently qualified to review, negotiate,
and draft your commercial leases. We also handle
intricate litigation matters that often arise from
commercial lease problems
• Residential Leasing
A residential lease is a contract relating to property
in which a tenant lives. A properly written lease should
clearly address at least the following issues: When a
landlord can enter the property; when rent will be paid;
Who will maintain the property; if pets are allowed; if
subletting is allowed.
• Recovery Work for Lenders
When things do not proceed as planned, our attorneys
provide sound counsel and a swift response in assisting
secured creditors to protect their interests in
mortgaged property, both commercial and residential. In
addition to commencing and prosecuting judicial
foreclosure sales throughout the state on behalf of
lenders, we also review and assess each situation to
determine if a deed in lieu of foreclosure may be
appropriate, thus allowing us to further mitigate our
client’s expenses. If the
foreclosure proceeding cannot be avoided, we represent
clients in contested foreclosure litigation, as well as
in surplus and deficiency judgment actions.
We will review all matters of title on the property to
ensure that the foreclosure proceeding will proceed as
quickly and efficiently as possible. In the event the
secured creditor becomes the owner of residential
property at the conclusion of the foreclosure (otherwise
referred to as “REO” or “real-estate owned”), our
attorneys will provide experienced counsel in
formulating the sale contract and transfer documents so
that these secured creditors can transfer these
properties as
rapidly as possible. |
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