Real Estate and Lending
Ausley McMullen has the experience and skill to assist in a variety of real estate and lending matters.
The Real Estate and Lending team possesses experience in all types of transactions, including acquisition, financing, construction and sale of residential, commercial and agricultural properties, sale-leasebacks, like-kind exchanges, leases, and mortgages. They have assisted clients in the development, financing and sale of projects from concept to closing. Working with the Tax team, the real estate attorneys often help structure transactions as 1031 exchanges. They also assist clients in non-real estate secured commercial lending transactions.
Additionally, Ausley McMullen provides representation for closings, condemnation proceedings, foreclosures, modifications, forbearances, loan workouts, landlord/tenant disputes, title issues, zoning and entitlement issues, and other matters involving real property. In addition, the attorneys are experienced in dealing with timber and logging issues, easements, eminent domain and takings, and other rights-of-use and rights-of-way matters.
Diverse Experience
Attorneys on the Real Estate and Lending team have provided sophisticated counsel on transactions involving multi-family housing projects, hotels and motels, shopping centers, offices, condominiums (residential, mixed-use, and commercial), apartment complexes, residential subdivisions, unimproved tracts of land at every phase, as well as agricultural and timberland properties.
Clients
Ausley McMullen represents buyers, sellers, developers, investors, landowners, landlords, tenants, property management companies, business damage claimants, condemning authorities, financial institutions, and government entities.
The Team
Attorneys on the Real Estate and Lending team have a wealth and depth of experience. Several of the team members are Board Certified in Real Estate by the Florida Bar. Team members regularly present on real property issues to industry groups. Additionally, multiple attorneys have held government positions which brings a unique perspective to the practice area. Also, several team members are authorized agents for the issuance of title insurance. They also work with attorneys in the Corporate, Land Use, Zoning and Environmental Law, Litigation, and Bankruptcy teams to meet the diverse needs of their clients.
Comprehensive Support
The attorneys have experience providing representation on matters including, but not limited to:
- Acquisitions, including structuring and negotiating deals, including 1031 exchange transactions, drafting contracts, evaluating titles, obtaining title insurance, and managing commercial and residential closings
- Development projects, including negotiating and drafting construction and design contracts, counseling developers, owners and investors, as well as navigating project financing
- Eminent domain proceedings, including government taking and inverse condemnation actions
- Land use and zoning issues, including environmental issues, preparing plans and applications, and permitting
- Covenants and restrictions, including drafting and enforcing agreements
- Easements, including negotiating and creating easement agreements such as conservation easements and easement disputes such as drainage and water rights disputes
- Condominium and homeowner associations formation, including drafting and analyzing association documents
- Leasing, including negotiating, drafting, and enforcing lease agreements
- Lending transactions and collection matters, including mortgages and non-real estate secured lending transactions, modifications, forbearances, loan workouts and restructures, as well as distressed asset acquisition and dispositions
- Property tax, including contesting proposed property valuations and tax assessments
- Real property litigation, including mortgage foreclosure prosecution and defense, title disputes, boundary disputes, homeowners’ association disputes, fraudulent transfer actions, landlord/tenant disputes, bankruptcy and creditors’ rights, nuisance actions, contract disputes, as well as disputes about property rights and entitlements
