Mohen Cooper’s Real Estate Practice Group includes the representation of all parties’ in the sale and acquisition of real property. In representing client’s in this practice area, we are often called upon to address various related matters and issues including title issues, land use, environmental issues, real estate development and leasing, project financing, as well as joint ventures and real estate partnerships. In addition, our Real Estate Practice Group will occasionally work with other Mohen Cooper Practice Groups when necessary to handle corporate reorganizations, restructuring and workouts and, sometimes, bankruptcy, when a proposed real estate transaction goes bad. Unfortunately, this may also include working with our Commercial Litigation Group when a real estate transaction ends up in a contract or construction dispute, a mechanics lien is filed or required, as well as any number of other issues relating to real property such as title disputes, eminent domain proceedings, loan servicing and foreclosure issues.
More specifically, Mohen Cooper has a proven expertise and experience in the following areas in the Real Estate Arena.
Purchase and Sale: Representing Buyers and Sellers in the acquisition and disposition of a variety of real property holdings including office buildings, retail centers, hotels, industrial properties, and residential properties.
Financing: The representation of lenders and borrowers in real estate secured loan originations, loan sales, and purchases and other debt arrangements, including permanent financings, construction loans, bridge loans, conduit loans, mezzanine loans, shared appreciation loans, and portfolios of non-performing loans.
Joint Ventures: A very large proportion of real estate transactions involve joint ventures and partnerships between capital sources and developers. In that regard, Mohen Cooper’s Real Estate Practice Group handles the structuring and negotiating partnership agreements, limited liability company operating agreements, shareholder agreements, and other forms of joint venture arrangements.
Restructuring and Workouts: In the event that a given real estate transaction is unsuccessful or under performs, Mohen Cooper’s Real Estate Practice Group is in position to work with lenders, borrowers, partners, landlords, tenants, and developers in order to create a successful exit strategy for our clients including loan modifications, foreclosures, deeds in lieu of foreclosure, discounted loan payoffs, loan forbearances, REO sales, joint venture modifications, buy/sells, forced sales, lease and development modifications, bankruptcies, receivership actions, and guarantee actions.
Commercial Litigation: Commercial Litigation in the real estate arena involves the representations of real estate owners, buyers, sellers, lessors, brokers, lenders, and developers in, among other things, contract disputes, mechanics lien and construction disputes, eminent domain proceedings, title disputes, loan service and foreclosure issues, and bankruptcy.
Mohen Cooper attorneys currently act as general counsel to many cooperative and condominium buildings and managing agents, regularly prepare cooperative and condominium offering plans, and represent sponsors before the New York State Department of Law Real Estate Financing Bureau. In addition, Mohen Cooper currently acts as counsel for numerous corporate clients with nationally based business models that have real estate components (franchises, supermarkets) and in connection with multi-disciplinary, multi-state transactions (stock and asset agreements, mergers and acquisitions).