Faegre Baker Daniels represents institutional lenders, borrowers and equity investors dealing with troubled real estate assets and portfolios. By working on distressed real estate projects across the United States, we understand all of the tools and techniques used in real estate financings, including:

• Springing guaranties and exploding guaranties
• Enforcement issues surrounding non-recourse carve-outs
• Intercreditor (and subordination) agreements
• Foreclosure rights, claims and defenses
• Voluntary foreclosures
• Receivership proceedings
• Deeds in lieu of foreclosure
• Forbearance agreements
• Mezzanine loan enforcement
• Pre-negotiation letters

Segment-Specific Resources

Our team's knowledge of the array of real estate asset classes—including hotels, retail projects and malls, office towers, condominiums and apartments, and single-family land development deals—enables us to bring segment-specific expertise to struggling real estate projects of all kinds.

Bankruptcy Resources

When necessary, our workout lawyers collaborate with our firm's bankruptcy lawyers, including litigators, to bring knowledge of real estate transactions, finance and remedies to the bankruptcy court and litigation process.

Foreclosure Appellate and Advocacy

At the state level, our lawyers have handled leading appellate cases establishing the rights of lenders to post-foreclosure deficiency claims against guarantors. On the legislative side, one of our Minnesota lawyers worked on a bar association committee that drafted legislation and successfully led an effort making significant changes to Minnesota's foreclosure laws. Two of our Colorado lawyers were involved in leadership capacities on the bar association council that successfully steered major changes in the Colorado foreclosure laws through the Colorado legislature.

Real Estate Market Insight

Our workout lawyers keep abreast of the latest capital market challenges, deleveraging pressures and associated legal developments—and investor and lenders responses to these real estate strains.