Distressed Real Property

Weissberg and Associates has extensive experience in dealing with all aspects of distressed real property, and is an acknowledged leader in creatively structuring cost effective legal solutions that resolve distressed real property issues.

Our law firm firm has played a central role in resolving distressed real property issues for all types of real estate — from large commercial office buildings to suburban commercial and industrial developments and single family homes.

The firm has successfully represented all sides involved in distressed real property matters including real estate developers, banks, institutional lenders, corporations and individuals.

We recognize that the resolution of complex distressed property issues means successfully working with attorneys on the other side of the table. Having been on both sides of the table we are able to provide legal advice and services that not only reflect a comprehensive knowledge of the law, but that fully appreciate business concerns and that offer the greatest possibility of conflict resolution without litigation.

While we always seek harmonious solutions for our clients’ distressed property issues, we are never afraid to litigate.

Weissberg and Associates provides a full range of legal services to lenders and borrowers in connection with workouts and restructurings of real estate loans and, when necessary or advisable, structuring best-practice bankruptcies involving significant real estate assets.

We have advised an extremely diverse range of capital providers including commercial banks, life insurance companies, private investors, and other capital market participants.

Our work to protect the interests of distressed borrowers and developers is widdely-known and highly regarded.

We have counseled major developers on restructurings of entire real estate portfolios and businesses. We regularly represent clients in workouts for individual distressed real estate projects necessitated by a wide range of causes including tenant bankruptcies, distressed markets, and a wide range of other causes.

We also have extensive experience representing parties in disputes among owners of real estate companies and developments, and have successfully structured the split-up of real estate companies and development partnerships.

We are expert in the laws and legal approaches associated with distressed real estate loans, including:

  • Mortgage foreclosure
  • Consent foreclosure
  • Deed in lieu of foreclosure
  • Single asset bankruptcy, including “cram down” analysis, lift stay and bad faith filing
  • Restructurings
  • UCC sales
  • Debt to equity conversions
  • Receiverships and Mortgagee in possession

Our principal, Ariel Weissberg, is an author and speaker on matters related to the legal and business aspects of distressed real property. One of his articles, “How to Maximize your Success in Buying and Selling Distressed Real Property” can be downloaded here.