At K&L Gates, an integrated, interdisciplinary, multi-office practice team focuses on the representation of institutional real estate lenders holding troubled real estate loans and mortgage-backed securities as well as borrowers seeking to restructure troubled debt and investors who own or desire to acquire distressed real estate and real estate loans.
More than 180 real estate lawyers, 65 bankruptcy lawyers, and 50 financial services litigation lawyers with significant experience in these disciplines make up this practice. Our practice offers extensive market experience, knowledge, and presence, providing our clients a local connection for interests they have across a wide geography with our offices throughout the U.S., the UK, Europe, Australia, Asia, and the Middle East.
Our practice includes:
Many of our real estate and bankruptcy lawyers have years of experience going back to prior recessionary cycles, such as the one following the savings and loan crisis of the late 1980s. Those lawyers were involved with Resolution Trust Corporation matters and represented bank-owned subsidiaries set up to own, operate, and dispose of foreclosed assets.
Our attorneys are well versed in the unique attributes and issues presented by all real estate product types, including multi-family, resort, hotel, single-family lot development, industrial, retail, office, marinas, and self-storage facilities. We have a broad range of real estate entitlement, transactional, development, and financing experience and can assist clients with their many needs that transcend the recovery of real estate collateral. As a result of our strong background representing both lenders and developers, we are well equipped to analyze issues which arise at every stage of the real estate acquisition, financing, development, leasing, management, and disposition processes.
Hospitality and Recreational Property – We represent hotel and hospitality clients in all legal disciplines in locations around the globe. Our experience ranges from the investment strategies, financing, and development of the project through all of the legal issues presented in the course of hotel or resort operations. Our clients include investors, lenders, constructions companies, developers, management companies, franchisors, and franchisees.
Office – We have extensive knowledge regarding the financing, development, and operation of office properties, from urban center high-rise buildings to multi-state portfolios of suburban office parks, including the unique issues presented by both multi-tenant and single-occupant projects.
Multifamily and Condominiums – We have wide-ranging experience with multifamily projects, and a deep understanding of the complexities surrounding properties held under a condominium form of ownership. Our condominium practice includes the strategic use of condominium documentation to establish the separate ownership of vertically mixed-use buildings and projects.
Retail - Our real estate lawyers have significant experience handling a wide variety of matters on behalf of specialty retailers, big box retailers, restaurant chains, financial banking and retail centers, boutiques, and outlets. We represent investors, landlords, and tenants in matters related to properties such as strip shopping centers, power centers, mixed-use developments, regional malls, and outlet malls.
Industrial - K&L Gates has a long history of representing clients holding interests in industrial property including manufacturing facilities, warehouse and distribution facilities, energy facilities, and mining properties, dealing with a host of regulatory, environmental, and land use issues.
Lot Development and Homebuilding - We have handled a wide variety of matters related to the lot development and home building industry. Our lawyers are experienced in matters related to subdivision ordinances, planned community developments, community development districts, and similar tax and assessment dependent financing strategies. We are also experienced in the issues arising under the standard revolving loans used by homebuilders for construction and operating costs including collateral value covenants, release mechanisms, and subcontractor payment and lien concerns.
Lenders or investors who become owners of real estate after foreclosure, deed-in-lieu transactions, or bankruptcy sales need to have able counsel to assist in the completion of construction, leasing, operation, and disposition of their real estate portfolios. With their understanding of the fundamental business of real estate development, investment, and finance, our transactional real estate lawyers, in concert with our bankruptcy and insolvency lawyers, provide a business-grounded approach that enhances outcomes for our clients. Our real estate lawyers are able to quickly analyze and address potential title and lien claim issues and loan documentation problems.
Financial institutions dealing with distressed real estate loans and assets face a number of issues that cut across traditional legal categories. K&L Gates is extraordinarily well positioned to assist clients not only with recovering collateral efficiently; we also help them with the full range of issues they will encounter in dealing with troubled real estate loans and assets including:
Our integrated team approach to distressed real estate and loan restructuring brings to bear the knowledge of each of these disciplines as required to serve our clients’ needs.