Real Estate

Foreclosures, Workouts & Restructurings

How your organization handles performing or nonperforming debt may depend on whether the real estate market is up or down. In either scenario, counsel with the right experience and market knowledge can be your competitive edge when addressing problems or taking advantage of opportunities. Mintz Levin’s Foreclosures, Workouts & Restructurings Practice is experienced with counseling clients through up and down real estate cycles. Our attorneys are in familiar territory when it comes to existing and proposed capital structures and the varying motivations of stakeholders.

We provide strategic advice to our clients as they invest, finance, refinance, modify, extend, workout, foreclose, and otherwise deal with both performing and nonperforming debt — both when debt and equity capital markets are robust or impaired. We can evaluate your entire portfolio for a sale, a capital-raising transaction, or a de-levering of holdings.

With our collaborative team of real estate, litigation, bankruptcy, and distressed debt workout lawyers, we represent a broad range of clients in real estate−related workouts, restructurings, and foreclosures. Our clients include institutional investors, bond trustees, commercial lenders, and private investors in a wide range of debt and debt-related matters, loan extensions and restructurings, receiverships, negotiated workouts, foreclosures and deeds in lieu of foreclosure, bankruptcy proceedings, and associated litigation, as well as investments in distressed debt.

Quick Facts

  • 500 lawyers in 8 offices
  • Core practice of the firm
  • 35+ attorneys with 25+ years of experience in sophisticated, large-scale real estate, acquisition, disposition, development, financing, and leasing transactions
  • Practice and attorneys recognized for real estate law by Chambers USA
  • Strategic real estate consulting with our affiliate, ML Strategies, LLC
  • Integrated group of attorneys and professionals across practices including Environmental Law, Litigation, Energy & Clean Tech, Tax, and government relations
  • Counsel to wide range of investors and bond trustees in taxable and tax-exempt workout transactions

Areas of Focus

Rankings & Recognitions

  • Practice and attorneys recognized for real estate law by Chambers USA

Representative Experience

  • Represented bondholders in restructuring of tax-exempt debt issued to finance development of military housing projects on US Air Force bases in Florida, Georgia, Arkansas, and Massachusetts.
  • Represented bondholders in connection with appointment of a receiver, foreclosure, and disposition of a golf course–based residential development project in Louisiana.
  • Represented bondholders in connection with marketing a disposition of a hotel condominium unit that served as collateral for defaulted tax-exempt financing.
  • Represented a REIT in the foreclosure of a large residential condominium conversion project in Brookline, Massachusetts.
  • Represented a life insurance company in the restructuring of a mortgage loan on office buildings and a parking garage in Worcester, Massachusetts.
  • Represented a life insurance company in a deed-in-lieu of foreclosure affecting a suburban office park in Waltham, Massachusetts.
  • Represented a life insurance company in the restructuring of a mortgage loan on a suburban office park in Shelton, Connecticut. This transaction allowed the lender to sell the mortgaged property without foreclosing the mortgage.

Clients We Serve

  • Funds focused on distressed debt
  • Institutional investors
  • State and national commercial banks, acting as bond trustees