Distressed Real Estate Solutions TRANSACTIONAL
Our Real Estate Practice counsels owners, investors, lenders, developers and tenants in an array of distressed real estate transactions, including mortgage loan workouts and foreclosures, acquisitions and dispositions of distressed assets and loans, lease renegotiations, and joint venture restructurings. We work with colleagues in our bankruptcy, litigation and environmental risk management practices to provide the full range of advice needed for each transaction. Our deep experience in foreclosures serves the needs of institutional lenders and investors using the acquisition of loans and the exercise of loan remedies as a means to acquire title to properties.

Contacts

Sort By
Barnett, Keith R.

Keith R. Barnett

Partner

+1 617 526 6930 (t)

keith.barnett@wilmerhale.com

Sigel, John

John D. Sigel

Partner

+1 617 526 6728 (t)

john.sigel@wilmerhale.com

Barnett, Keith R.

Keith R. Barnett

Partner

+1 617 526 6930 (t)

keith.barnett@wilmerhale.com

Boulger, Sean T.

Sean T. Boulger

Partner

+1 617 526 6870 (t)

sean.boulger@wilmerhale.com

Burke, Robert D.

Robert D. Burke

Partner

+1 617 526 6470 (t)

robert.burke@wilmerhale.com

Burton, Douglas L.

Douglas L. Burton

Partner

+1 617 526 6270 (t)

douglas.burton@wilmerhale.com

Jakubowski, Paul

Paul Jakubowski

Partner

+1 617 526 6948 (t)

paul.jakubowski@wilmerhale.com

Edwards, Stephen M.

Stephen M. Edwards

Special Counsel

+1 617 526 6067 (t)

stephen.edwards@wilmerhale.com

Gold, H. David

H. David Gold

Special Counsel

+1 617 526 6425 (t)

david.gold@wilmerhale.com

Kincaid_Susan.jpg

Susan M. Kincaid

Special Counsel

+1 617 526 6577 (t)

susan.kincaid@wilmerhale.com

Experience

A sampling of our projects includes:

  • Counseling a European agency lender that owns $6 billion of high-profile real estate loans and assets in the United States on foreclosures, workouts, loan sales, asset management and litigation matters, including the sale of more than $2 billion of mortgage loans.
  • Representing an offshore purchaser of debt secured by a lien on a bankrupt luxury hotel and resort in Colorado and in connection with the foreclosure of the deed of trust.
  • Representing the operating partner in a joint venture to acquire a nine-building, 600,000-square-foot portfolio of commercial properties via a first-in-Massachusetts federal receivership sale of failed commercial mortgage-backed securities.
  • Completing more than 75 foreclosures for institutional lenders and investors, with related litigation and bankruptcy, involving all real estate asset classes.
  • Representing an institutional investor in the purchase of debt secured by a major Boston office tower, including conducting foreclosures to implement the investor's acquisition strategy and subsequent repositioning of the building through a re-entitlement process. 
  • Completing workouts and restructurings related to 15 loans aggregating more than $200 million contributed to a troubled debt fund and secured by properties in seven states for a major pension fund and its investment adviser.
  • Representing an acquirer of a $120 million mortgage loan and simultaneous deed-in-lieu for 15 of the 20 properties securing the loan.
  • Representing an institutional investor in the financial and ownership restructuring and sale of a $100 million troubled multi-family condominium development in California. 
  • Representing the managing partner of numerous development ventures to defend against claims of breach of fiduciary duty by holders of minority interests arising after a market decline.
  • Representing an institutional adviser in litigation initiated by investors alleging breach of fiduciary duty and ERISA violations associated with distressed real estate investments, resulting in a successful structured settlement involving the disposition of various properties.
  • Representing a nonprofit affordable housing developer in the acquisition of mortgage debt from the FDIC, foreclosure of the mortgage as a strategy for property acquisition and title clearance, and subsequent entitlement and redevelopment of the property for affordable housing.
  • Representing white knight investors in a struggling real estate company.
  • Representing a white knight investor that provided bridge financing and then purchased a majority of the assets in a distressed mixed-use development.
  • Assisting the owner of a power plant to restructure its debt following the bankruptcy of a major tenant during plant construction.
  • Representing a secured lender to acquire 18 distressed ranch properties in California pursuant to deeds-in-lieu of foreclosure.
  • Advising a private equity fund with respect to the restructuring of the master lease of a high-rise apartment and related modification of debt issued by a government-sponsored enterprise.
  • Representing an institutional investor in a partnership takeover and restructuring of a defaulted construction loan for a failed condominium project.
  • Representing a unit holder in a real estate partnership controlled by an affiliate of a company facing significant liquidity issues in obtaining overdue redemption payments and in securing its claims pending redemption.

Publications & News

View

May 26, 2017

WilmerHale Lawyers and Practices Recognized in 2017 Edition of Chambers USA

Chambers and Partners announced its rankings for the 2017 edition of Chambers USA: America's Leading Lawyers for Business, with WilmerHale listed among the nation's best in 50 practice area categories. Chambers also ranked 86 WilmerHale lawyers as leaders in their respective fields.

May 27, 2016

WilmerHale Lawyers and Practices Recognized in 2016 Edition of Chambers USA

Chambers USA: America's Leading Lawyers for Business announced its final rankings for the 2016 edition, with WilmerHale ranking among the nation's best in 47 practice area categories. Chambers also ranked 82 WilmerHale lawyers as leaders in their respective fields.

November 1, 2013

WilmerHale Among U.S. News – Best Lawyers® “Best Law Firms” and Again Named International Arbitration “Law Firm of the Year”

The 2014 edition of the U.S. News – Best Lawyers® “Best Law Firms” list names WilmerHale as “Law Firm of the Year” in International Arbitration—this is the second consecutive year that the firm has won this honor—and honors WilmerHale as a first-tier law firm in 27 national and 60 metro-area rankings.

August 31, 2012

The 2013 Best Lawyers in America® List Includes 101 WilmerHale Lawyers

June 7, 2012

Chambers USA 2012 Final Results Announced

September 15, 2010

U.S. News Media Group and Best Lawyers Release Inaugural Best Law Firms Rankings

WilmerHale earns first-tier rankings for a dozen national practices.

August 12, 2010

90 WilmerHale Lawyers Named to The Best Lawyers in America® 2011

Best Lawyers is based on an exhaustive peer-review survey in which more than 39,000 leading attorneys cast almost 3.1 million votes on the legal abilities of lawyers in their practice areas.

June 11, 2010

Chambers USA 2010 Reveals Final Results Ranking 101 WilmerHale Lawyers and Dozens of Practices

One-hundred and one WilmerHale lawyers are recognized in the eighth edition of the guide and the firm is listed as among the best in dozens of practice areas throughout its six US locations.

March 18, 2010

Chambers USA 2010 Honors WilmerHale, Ranking Over 100 Lawyers and Dozens of Practices

One-hundred and two WilmerHale lawyers will be recognized in the eighth edition of Chambers USA: America's Leading Lawyers for Business.

February 16, 2010

Firm Helps Walden Woods Project Preserve Nature and History