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Services > Distressed Real Estate Workouts

One-Stop Shop for Distressed Properties and Loans

When it comes to the successful resolution of a distressed real estate investment, there is more at stake than just getting the loan in balance quickly.

CGS3 guides borrowers and lenders in developing and implementing innovative structures for commercial real estate workouts that resolve an asset’s immediate cash flow needs and ensures long-term flexibility that will maximize the value of the client’s investment – be it a property or a commercial real estate loan.

Our collective experience creates a “one-stop shop” for working out distressed properties and loans. CGS3 lawyers have handled over $2 billion of workouts and the sale of nearly $1 billion of real estate assets through the judicial process over the last six years. In each of those transactions, our attorneys have counseled clients in complicated loan renegotiations, foreclosure and guaranty enforcement actions, receivership and bankruptcy sales, REO sales and asset repositioning.

Due to the depth of our experience, we understand how current and future use and ownership, leasing, management and financing issues all come into play when evaluating various resolution strategies. Our talented team recognizes that a successful resolution strategy may involve more than just one legal or real estate discipline, and we apply that broadmindedness to our analysis of workouts.

CGS3 lawyers also understand that any workout is inherently driven by relationships. In that regard, we have developed and maintained extensive industry contacts in the borrower, investor, lender and servicer circles and we leverage those relationships for our clients’ benefit.

CGS3’s distressed asset practice is at the forefront of the following areas of the distressed real estate life cycle:

• Loan restructurings
• Loan sales
• Leasing and evictions
• Deed in lieu transactions
• Foreclosure proceedings
• Guaranty enforcement actions
• Receivership and bankruptcy
• Short sales, receivership sales and REO sales

Learn more about our integrated commercial real estate services.

Buy/Sell

  • Letters of intent
  • Purchase agreements
  • Title review
  • Due diligence
  • Lease and contract review

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Financing

  • Acquisition loans
  • Development loans
  • Construction loans
  • Permanent and semi-permanent loans
  • Participating and convertible loans
  • Revolving credit facilities
  • Mezzanine loans

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Construction/Development

  • Design professional agreements
  • Construction agreements
  • Design-build agreements
  • Public Private Partnership (PPP) agreements
  • Owner participation agreements
  • Subcontracts
  • Payment/performance bonds
  • CC&Rs and REAs

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Management

  • Property management agreements
  • Listing agreements
  • Service provider agreements
  • Consulting agreements

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Commercial Leasing

  • Retail leasing
  • Office leasing
  • Industrial leasing
  • Medical leasing
  • Life science/biotech leasing

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Distressed Real Estate Workouts

  • Loan restructurings
  • Loan sales
  • Leasing and evictions
  • Deed in lieu transactions
  • Foreclosure proceedings
  • Guaranty enforcement actions
  • Receivership and bankruptcy
  • Short sales, receivership sales and REO sales

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Entity Formation and Tax

  • LLCs and partnership formations
  • Strategic tax and business law counseling
  • Entity and tax disputes
  • Federal, state and local tax controversies
  • Nonprofit corporations
  • Fiduciary duties
  • Workouts and debt discharge
  • Expert witness services

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Disputes and Litigation

  • Business and real estate negotiations
  • Ownership interests
  • Dissolution of business entities
  • Breaches of contract and business torts
  • Workouts and foreclosure of distressed property
  • Landlord/tenant lease disputes
  • Construction disputes
  • Easements and other real property interests
  • Land use decisions by public entities
  • Employment agreements and issues
  • Insurance claims
  • Holders of personal guarantees
  • Unlawful Detainers

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Land Use/Environmental/ Natural Resources (“LER”)

  • Pre-purchase/leasing due diligence
  • California Planning, Zoning and Subdivision Law/obtaining entitlements from local jurisdictions and other agencies
  • Rezoning and variances
  • Master and general plan adoptions and amendments
  • Zoning or building code enforcement actions
  • Environmental enforcement actions by agencies regulating water quality, air quality, hazardous substances, and other resources
  • California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) compliance
  • Impact fees, exactions and other conditions of development approvals
  • Historic landmark designation and preservation
  • Easements/abandonments
  • Condemnation of property rights by public agencies
  • Defense of administrative and judicial challenges to development approvals

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