Real Estate Work-Outs/Commercial Foreclosures

We have extensive experience representing financial institutions and hedge funds in real estate work-outs. Our work includes mortgage foreclosures, bankruptcy representation as well as loan modifications. We also defend and prosecute loan put-back cases involving breaches of representation and warranties by loan sellers.

We have given presentations to lawyers and companies on issues in this area. Some topics on which we have lectured include the enforcement of yield-maintenance (make-whole) provisions, both within and outside bankruptcy, basic issues in single-asset real estate bankruptcy cases, and the benefits and pitfalls of receiverships.

We represent a wide range of financial institutions including hedge funds (such as Fortress Investment Group and Black Diamond Capital Management), CMBS loan servicers (such as C-III, Key Bank, Midland Loan Services and ORIX Capital Markets), as well as various banks and private lenders.

Our lawyers have received professional recognition for their work in this area including Super Lawyer designations in bankruptcy and litigation and AV Martindale-Hubbell ratings.