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Distressed Real Estate

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Who We Are

As we enter another cycle of real estate uncertainty, Meyer, Unkovic & Scott’s Distressed Real Estate Team – comprising attorneys from our Real Estate & Lending, Creditors Rights & Bankruptcy, and Construction groups – is prepared to counsel our clients through the current market, just as we have in previous down cycles.

We focus on delivering practical, business-forward legal solutions for lenders, receivers, special servicers, investors, owners, operators, purchasers, and others facing the evolving perils from distressed real estate holdings. Our team has experience in every asset class, including office, hospitality, multi-family, retail, entertainment, and industrial.

What We Do

Our team’s goal is to simplify the complicated and help our clients execute efficiently on a business solution.  We recognize that “cash is king” at this point in an asset’s lifecycle and we focus on providing sound legal and business advice that protects our client, whether their goal is to maximize value or minimize losses.  Where appropriate, we partner with experienced brokers, financial advisors, and appraisers to evaluate the financial costs and benefits of various solutions.

Our Experience

We have experience representing stakeholders through the continuum of financial distress, as follows:

  • Debt and equity restructurings, including loan modifications and workouts, extension and forbearance agreements, and supplemental loan arrangements
  • Individual loan and loan portfolio purchases and sales
  • Preferred equity investments and mezzanine loans in high leverage situations
  • Loan enforcement and lien priority resolution, including analysis of intercreditor agreements in complex debt stacks
  • Judicial, non-judicial and UCC foreclosures, deeds or assignments in lieu of foreclosure, receiverships and other property recovery processes
  • Representation of receivers of distressed properties, including property management and other contracting matters, leasing and other landlord – tenant issues, and receiver sales (public or private, in federal or state court)
  • Counseling property owners in bankruptcy solutions, including whether and when filing for bankruptcy is appropriate as well as through the reorganization process
  • Representation of special servicers in connection with defaulted securitized loans
  • Representation of debtors/sellers and buyers of real estate in bankruptcy sales, including “Section 363” sales and leasehold portfolio sales
  • Representation of lenders and other creditors in bankruptcy proceedings involving borrowers and other debtors
  • Advising owners, lenders, other stakeholders, and third parties in investigating, structuring and consummating redevelopment / repositioning transactions

Have questions?

Our Distressed Real Estate team prepared to assist in distressed real estate prevention, preservation, and rescue efforts.  Each member is versed in our services and available to discuss the right approach for you.

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