Practices

Whether seeking to resolve a distressed real estate situation or capitalize on the emerging investment opportunities, Akerman's Distressed Property Practice's depth of experience and understanding of the real estate and financial markets and the existing and evolving legal and business issues, coupled with an innovative and practical approach to problem solving, is integral to achieving our client's desired business objectives. 

With experience in all aspects of distressed commercial real estate, our multi-disciplinary Distressed Property Practice deftly addresses the challenges and opportunities presented in today's market as a result of the COVID pandemic. Commended by The Legal 500 for our “business acumen and prompt attention to matters,” our national team advises on all aspects of distressed situations, including real estate, litigation, bankruptcy, leasing, construction, condominium, environmental, zoning and land use, economic development and incentives, insurance and tax considerations, and the current federal, state, and local governmental programs, regulations, and restrictions addressing the COVID pandemic.

Clients leverage our legal and industry knowledge to assist them in every aspect of distressed situations, ranging from: forbearances, modifications, restructures, and workouts; foreclosures, litigation, monetary judgments, deficiencies, and receiverships; bankruptcies and insolvency proceedings; DPO's, short sales, and purchases and sales of defaulted loans, portfolios, and properties; entity, JV, and fund formation, structuring, and agreements. 

We represent mortgage and mezzanine lenders in the foreclosure and recovery of large and complex multistate real estate projects throughout the United States. We also represent lenders, servicers, and borrowers in loan workouts and restructuring transactions at every level of the capital stack involving complex and multistate real estate portfolios, as well as in litigation and Chapter 11 bankruptcy proceedings. Our experience extends to all property types, including retail, hospitality, office, restaurant, condominium, mixed-use, multifamily, nursing homes and other healthcare facilities, warehouses, marinas, parking garages, residential developments, citrus groves, churches, and partially completed construction projects.

Our team guides private equity funds, hedge funds, institutional investors, REITS, family offices, and other property owners through acquisitions and sales of distressed real estate, including short sales and the purchase of loans or REO assets from lenders. We are also adept in the assessing and repositioning of assets, including reviewing and extending permits and entitlements, and obtaining economic development and incentives, addressing tax, environmental and insurance issues, and implementing the best tax structures.

The breadth of our experience in prior downturns, along with our current up-to-date knowledge of the new and evolving issues presented by the pandemic, provides our clients with the perspective and experience to navigate the complex issues facing clients in today's marketplace.

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