The commercial real estate industry is continually in flux – regulatory changes, advances in technology, and unpredictable demographic swings are just a few of the factors impacting its stability. Economic uncertainty also can alter the relationship between lenders and borrowers overnight. To maintain profitability, institutional lenders must employ a wide range of options to resolve loans on distressed properties.
Akerman represents global financial institutions, special asset and distressed property groups, and special servicers in large commercial loan workouts and foreclosures, including Commercial Mortgage-Backed Securities (CMBS) foreclosures. We have earned national acclaim for our work in complex commercial litigation, including a national tier one ranking from U.S. News - Best Lawyers and recognition from Chambers USA as a “solid team…noted particularly for its expertise in matters relating to the financial services, insurance, healthcare and real estate sectors.”
Our litigators are experienced in all aspects of foreclosures, receiverships, restructuring, and commercial loan workouts, including enforcement of loan agreements and guarantees, asset seizure, and loan modification, as well as defense of lender liability claims and intercreditor disputes. Additionally, our bankruptcy lawyers assist lenders throughout the U.S. in the representation of secured and unsecured creditors in bankruptcy, addressing the restructuring of loans, obtaining relief from the automatic stay, and drafting and confirming creditor-friendly plans of reorganization and/or liquidation. We also advise clients on a range of issues related to foreclosures, including title examination, title claims, alternative sale procedures (including sales by receivers), construction lien law, survey law, land use, condominium law, development rights, entitlements, zoning, environmental compliance, and permitting.