Restructuring, Workouts & Foreclosures

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Resolving troubled loans requires judgment shaped by a deep knowledge of subject matter and creative, rapid-fire responses to evolving circumstances. Dickinson Wright's real estate finance team has extensive experience representing borrowers, lenders, loan servicers, and prospective investors in workout, restructuring, deed-in-lieu, foreclosure matters, as well as handling the complex issues surrounding distressed loans and real estate assets.

Our experience spans not only the past several years of economic change but also precedent-setting enforcement matters in the decades prior. We regularly handle complex multi-state transactions that include specialty property types such as hotels, entertainment, sports facilities, shopping centers, and subdivisions. Clients come to us knowing that we will resolve their loan-related bankruptcy and litigation matters efficiently and with the most favorable results.

Our Services

Whether negotiating with or on behalf of a local, regional, or national bank or a large commercial mortgage-back securitization (CMBS) investor, we work closely with our lender, borrower, and loan servicing clients to determine the best course of action in each instance. We pride ourselves in providing practical solutions that maximize value, including restructuring, repositioning and working out distressed loans and real property assets. We have extensive experience representing and negotiating with loan servicers and special servicers, and we understand the specialized proficiencies that may be required for CMBSFannie MaeFreddie Mac, HUD, tax-credit financing transactions, or mezzanine loans. Our team of dedicated workout, restructuring, and foreclosure lawyers provides the full spectrum of services:

• Modification, restructuring, and working out of troubled loans, including negotiations related to forbearance and recourse and non-recourse carveout guaranties
• Judicial and non-judicial foreclosures
• Obtaining receivers and exercising control over rents on behalf of our clients
• Negotiating deeds-in-lieu of foreclosure, forbearance agreements, operations, and licenses
• Representing landlords and tenants in the restructuring of leases and the disposition of unexpired leases in bankruptcy proceedings
• Structuring and documenting conventional and unconventional financing arrangements and advising on tax implications of modifying debt repayment obligations
• Advising on due diligence, property and loan management, as well as the disposition of distressed real estate

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