Real Estate, Construction & Condominium:
Our clients count on us as their first point of contact whenever they are buying, selling, refinancing, leasing, foreclosing or developing commercial or residential real estate. We serve developers, homeowners, foreign investors, lenders, real estate professionals, construction companies, architects, engineers, management companies and condominium / homeowner associations.
Transactions:
· Purchasing or selling residential and commercial real property
· Obtaining and restructuring mortgage financing
· Soliciting investment in real estate projects
· Minimizing the tax impact of selling and operating real estate
· Forming and converting property to condominium ownership
· Representing foreign investors
· Structuring “1031” tax deferred like-kind exchanges
Operations:
· Forming business entities as real estate investment vehicles
· Negotiating and executing agreements between owners
· Preparing and reviewing lease agreements
· Representing condominium and homeowners’ associations
· Limiting owner liability
Litigation and Alternative Dispute Resolution:
Our primary goal is to help you avoid disputes before they begin or end them prior to litigation. If litigation cannot be avoided, we are equipped to represent you from making the initial dem·and to settlement negotiation to trial and all the way through the appellate system. The following are typical of the types of property related disputes we handle:
· Construction lien foreclosure and lien defenses
· Validity of construction agreement pay-when-paid provisions
· Breach of Construction Agreements
· Enforcement of obligations on construction payment and performance bonds
· Failure to timely pay undisputed construction obligations
· Homeowner’s Association lien foreclosure
· Mortgage foreclosure
· Recovery of real estate brokerage commissions
Distressed Real Estate Practice:
Today’s turbulent times present our clients with unprecedented challenges and opportunities in the realm of distressed real estate and businesses. In response, we’ve formed our Distressed Asset Practice to formally integrate already existing practice areas into a seamless legal solution for the various real estate industry players, as well as those whose wealth or business is derived from currently distressed property, including:
· Buyers, Sellers and Developers
· Private / Institutional Lenders and Borrowers
· Condominium / Homeowner Associations, Unit Owners, and Developers
· Construction Contractors, Subcontractors and Property Owners
· Mortgage and Real Estate Brokers and Agents
· Landlords, Tenants and Property Managers
· Closing Agents, Title Companies and Insurance Underwriters
· Private Investors and Private Equity Funds
Please see our core practice area descriptions for a list of all the services we provide. Here are just some of the services we typically provide specifically in connection with distressed assets:
For Lenders / Borrowers:
· Negotiating Various Forms of Loan Workouts, Including:
o Short Sales
o Deeds In Lieu of Foreclosure
o Forbearance Agreements
· Drafting or Reviewing Loan Modification Documents
· Litigating Breaches of Loan Agreements.
· Coordinating with Prospective Lenders and/or Investors
· Asset Protection Planning / Deficiency Judgment Collection
· Tax Planning Regarding Cancellation of Indebtedness Income
· Negotiating and Drafting Intercreditor Agreements
· Determining Priority of Liens
· Prosecuting / Defending Foreclosure Lawsuits
· Creditor Representation in Bankruptcy / Coordination with Debtors’ Bankruptcy Attorneys
· Soliciting Investment and Obtaining and/or Restructuring Mortgage Financing
For Buyers / Sellers and Brokers:
· Pursuing Title Insurance Claims
· Providing Closing Services, Title & Lien Searches, Issuing Title Policies
· Suing to Enforce / Rescind Purchase and Sale Agreements
· Suing to Recover Deposits on Preconstruction and Other Purchase Agreements
· Completing Tax Deferred Like-Kind Exchanges (1031 Transactions)
· Structuring Family and Corporate Real Estate Portfolios to Minimize Owner Liability and Reduce Legal Exposure between Properties.
· Drafting and Negotiating Partnership and LLC Operating Agreements
· Analyzing the Income, Property, Estate and Documentary Tax Considerations of a Prospective Purchase or Sale.
· Inbound Income and Estate Tax Planning for Prospective Foreign Purchasers of U.S. Real Estate
· Handling Disputes For / Against Minority Partners.
· Formation and Dissolution of Single Asset Entities, such as Corporations, Limited Partnerships and Limited Liability Companies, Etc.
· Recovery of Real Estate and Mortgage Brokerage Commissions
For Owners and Construction Companies:
· Pursuing Quiet Title Actions
· Outbound Income and Estate Tax Planning for Foreign Owners
· Prosecuting / Defending Evictions
· Negotiating Lease Modifications
· Rent Collection
· Drafting and Negotiating Property Management Agreements
· Construction Lien Foreclosure and Lien Defenses
· Breach of Construction Agreements
For Condominium / Homeowner Associations:
· Construction Defects Litigation
· Collection of Association Dues and Rule Enforcement
· Completion of Developer Turnover
· Drafting and Negotiating Property Management Agreements
· Assistance with Elections, Meetings and Amendments to Governing Documents
The Team:
Whether as advocates or as dealmakers, our multi-disciplined team has experience in all these areas, as well as in the areas of accounting and finance to help us better coordinate with other professionals, such as CPAs and bankers. Since we also maintain an active Wealth Preservation practice, we can analyze these issues in the context of our clients’ Asset Protection and Trust & Estate Planning goals and limitations, as well as help them navigate through Probate, Guardianship and Divorce proceedings containing distressed property. We also work extensively with foreign and non-Florida resident investors and their counsel.
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