Nelson Mullins has represented a variety of commercial, industrial, residential, public and nonprofit clients in real estate matters. Among them are insurance companies; buyers and sellers of real estate; construction and permanent lenders (banks, savings and loan associations, credit companies, and nontraditional lenders); building contractors (shopping center, office building and hotel, resort, and residential owners, developers and operators); as well as condominium developers and hospitals.
Firm attorneys' experience also extends to representation of lenders, including those involved in construction, on various projects, as well as to landlords, tenants, developers and other parties to commercial real estate transactions. Our attorneys have represented lenders as credit-enhancement parties in securitized transactions and lenders acting in a mortgage-banking role. The Firm has served as counsel for sellers and purchasers of bulk portfolios of real estate assets, including mortgage loans and leases.
Nelson Mullins attorneys have substantial experience in drafting, and negotiating commercial leases, including leases for office, retail, flex, and warehouse space. Clients include both landlords and tenants. Assistance with lease amendments, subleases, and termination agreements is also provided.
Nelson Mullins also has represented clients in master-planning, constructing, forming and operating large resort developments including numerous condominium regimes and property owner's associations, industrial parks, and medical office parks. Our attorneys act on behalf of clients in all phases of such developments, including qualification of the project for permanent loan financing and private mortgage insurance.
Firm attorneys are prepared to take an active role in any aspect of a real estate-related transaction, from structuring and performing due diligence to preparing the operative documents. Related activities, such as land use and regulatory matters, including environmental permits and approvals, condemnation and zoning, are handled on a regular basis.
Nelson Mullins' attorneys have a thorough understanding of the purpose and structure of workout agreements. Our experience in drafting and reviewing loan modification agreements, pre-workout agreements and "prepackaged" Chapter 11 plans has contributed to the ultimate recovery or retention of assets in many "troubled" situations. Through the combined efforts of our banking, real estate and bankruptcy groups, Nelson Mullins structures and negotiates both workout agreements and loan documentation to minimize the risks inherent in complex transactions.
Selected services provided include:
- representing lenders (including construction lenders), landlords, tenants and developers in commercial real estate transactions;
- representing lenders such as credit-enhancement parties in securitized transactions as well as lenders acting as mortgage banks;
- serving as counsel for sellers and purchasers of bulk portfolios of real estate assets including mortgage loans and leases;
- representing clients in master-planning, constructing, forming and operating large resort developments including condo regimes and an umbrella property owners association;
- qualifying projects for permanent loan financing and private mortgage insurance;
- preparing all operative documents;
- structuring and performing due diligence for transactions;
- representing numerous clients in investigating wetlands and other environmental concerns and in securing necessary permits from federal, state and local agencies;
- serving as agents and approved attorneys for major title insurance companies;
- litigating boundary disputes and quiet title actions; and
- representing timber and paper companies in various capacities.