Real Estate Workouts

Real estate projects often pose an array of economic and legal challenges.  Malkerson Gunn Martin LLP’s experienced workout group provides cost effective representation to property owners and lenders across a broad spectrum of industry segments including multi-family, commercial, retail, hotel and resort properties and partially developed land.  We provide advice and legal strategies in monetary and non-monetary default resolution, claims and defenses, foreclosures, receivership proceedings and liquidation strategies for non-performing assets.  Our workout lawyers collaborate with receivers and bankruptcy experts.  We assist our clients with:

  • Analysis of the enforceability of loan documents and legal limitations placed upon creditors under applicable law

  • Assessing the interests, rights and remedies of the lender and the borrower

  • Negotiation of deed in lieu of foreclosure agreements, loan extensions, discounted payoff agreements and other loan modifications

  • Securing receivers for troubled real estate projects

  • Voluntary and involuntary foreclosure of mortgages and security interests by advertisement and by action

  • Defending borrowers in connection with judicial and non-judicial foreclosure proceedings and receivership matters of varying sizes and degrees of complexity

  • The repositioning and disposition of distressed real estate