Real Estate
 

The Real Estate Practice Group represents clients in a full array of real estate transactions throughout the United States, including acquisitions and sales, construction and permanent financing, joint ventures, leasing, syndication and sale-leaseback transactions, as well as development, construction and real estate management, for clients such as financial institutions, investors, developers and corporations. We also represent these clients in commercial real estate workouts and the enforcement of rights and remedies in foreclosure, eviction and bankruptcy and other real estate related litigation. In addition, the Firm's real estate attorneys regularly advise our corporate and tax lawyers on the acquisition and financing of businesses where real estate and other fixed assets are involved.

Acquisitions and Dispositions

Kelley Drye represents major financial institutions and other investors and owners in connection with the acquisition and disposition of all types of real property, including office buildings, apartment complexes, hotels, hospitals, shopping centers and industrial complexes located throughout the United States. In this regard, we have successfully represented real estate equity funds of several Wall Street investment banking firms in the acquisition and sale of numerous properties throughout the country. In addition, we have represented private developers and investors in numerous acquisitions (including ground leasehold estates) and sales involving a wide variety of real estate product types.

Financing

Kelley Drye represents institutional lenders and developers in construction and permanent mortgage loan transactions, as well as joint ventures, sale-leasebacks and other forms of real estate financing, involving industrial property, shopping centers, office buildings, hotels and residential developments.

Our long-standing clients include life insurance companies and real estate finance companies. In addition, we actively represent certain Wall Street conduit lenders in making a large volume of mortgage loans intended for securitization. Our clients also include investment banking firms in other real estate based loans, whether secured by real estate or other collateral, such as mezzanine loans secured by assignments of partnership interests.

Leasing

Kelley Drye regularly engages in the leasing of commercial real property, including office, retail and industrial space, representing both landlords and tenants. Typical of our representation of tenants is the leasing by a foreign bank of its United States headquarters in New York City; the leasing by a national operator of a retail, entertainment and food operation within shopping malls throughout the United States; and the leasing by a domestic insurance company of space in Orange County, New York for its New York State headquarters.

Credit-Tenant Leasing Transactions

Kelley Drye is an influential leader in the credit-tenant leasing market, having been involved in transactions with an aggregate value in the billions of dollars. We have represented numerous clients in all aspects of such transactions, including lessors; credit-tenants; loan originators (both financings to be held in our clients' portfolios, and those for immediate sale through private placement and other securitization vehicles); purchasers of securitized loan interests; and a major residual value insurer. We have represented clients in traditional sale-leaseback transactions, as well as in the emerging market of financing credit tenant leases that do not qualify as "bondable." Our involvement in credit-tenant leasing transactions spans all property types, such as corporate headquarters and other principal offices, distribution facilities, financial trading floors, and multi-property pools of banking and various retail properties.

Loan Workouts and Litigation

Kelley Drye represents numerous financial institutions and other investors in loan restructurings and litigation involving distressed real estate located throughout the United States. Such matters include refinancings, restructurings of existing loans, workout agreements, foreclosures, bankruptcies and deeds-in-lieu of foreclosure.

Not-For-Profit Corporations

Kelley Drye represents a variety of not-for-profit hospital, educational, religious and other institutions in the acquisition, development, financing and leasing of their properties throughout the United States.

Military Housing Privatization

Kelley Drye has been instrumental in the privatization of tens of thousands of family housing units on military installations across the United States. In connection with these complex transactions, Kelley Drye has negotiated a public-private joint venture between the United States and the client to be the tenant of a long term ground lease of thousands of acres of federally-owned land and become the owner of the existing multi-family housing inventory on each base. The joint ventures are responsible for the ongoing operation of all family housing units on each of these bases for up to seventy-five years and are also responsible for hundreds of millions of dollars of new construction, primarily financed by long term private sector debt which is credit-enhanced by third-party surety bond providers.

Our Approach to Client Service

Our practice group is dedicated to excellent client service. We adopt a business approach to problem solving, and strive to find practical and cost effective solutions for all issues facing our clients. We pride ourselves on providing creative and timely advice, while staffing matters to be accomplished most efficiently. We also pride ourselves on our tradition of establishing close long-term relationships with our clients, always looking for opportunities to add value to their business in order to help them compete successfully in today's competitive market place.

For further information about Kelley Drye's Real Estate Practice Group, please contact:

Robert D. Bickford, Jr.
(212) 808-7638
rbickford@kelleydrye.com

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