Real Estate: Distressed Assets,
Loan Workout and Creditor's Rights
Real estate. Do it right.
McDonough Holland & Allen's Distressed Assets, Loan Workout and Creditor's Rights team provides efficient and integrated responses to the increasing needs of lenders and investors dealing with distressed real estate, financings and businesses. We counsel lenders and investors that own or hold, are acquiring, or are disposing of distressed assets, loans or investments. Our multi-disciplinary approach ensures knowledge and experience across the spectrum of issues that confront clients involved with distressed assets. Our team unites the talents of more than a dozen attorneys firm wide, drawing upon their distinct legal perspectives in real estate, banking, debt and equity financing, construction, tax, bankruptcy, litigation, environmental law, land use, water law and public finance. Our team understands the time sensitive nature of dealing with distressed assets and is committed to meeting client needs in this regard.
Representative services include:
- Due diligence regarding distressed assets (including analysis of land use, environmental and water issues)
- Workouts and restructurings on behalf of creditors involving all types of financings, properties and businesses (including agricultural loans)
- Deeds-in-lieu of foreclosure and voluntary liquidation on behalf of lenders
- Creditor's rights in bankruptcy, including automatic stay and cash collateral litigation, debtor-in-possession and plan confirmation financing, pre-negotiated and pre-packaged Chapter 11s, and fraudulent transfer and preference defense
- Purchases and sales of troubled loans
- Investor acquisition of distressed assets
- Management and disposition of troubled projects and REO
- Partnership and limited liability company workouts and dissolutions
- Litigation involving:
- Enforcement proceedings, including collections, judicial and nonjudicial foreclosures and receiverships, as well as defense of proceedings to enjoin enforcement
- Lender liability defense
- Payment disputes in construction loans, including mechanic's liens, stop notices and construction disputes
- Lien priority disputes
- One action and anti-deficiency issues
- Usury
When it comes to real estate law and the success of your business—whether advice, planning, transactions or dispute resolution—the lawyers at McDonough Holland & Allen PC will do what it takes to help you “Do it right." |
