Practice Areas & Industries: Carlton Fields, P.A.

Practice Group Overview

Based on our extensive experience in guiding lenders through several past real estate cycles, we have noticed the re-emergence of familiar patterns involving lenders in major real estate projects in or nearing default. These situations have the potential for creating significant dilemmas for lenders as they decide, for example, whether to grant draw requests, waive financial covenants, and deal with the loss of a borrower's pre-sales as a result of re-pricing due to increased construction costs. As borrowers press these and other issues with their lenders, there is opportunity for preventative maintenance and planning, as part of a workout or in anticipation of litigation or bankruptcy.

We would be pleased to meet with current and prospective clients to outline what we believe to be the "dos and don'ts" of dealing with troubled borrowers, their contractors and others, in order to maximize recovery and avoid self-inflicted problems down the road. We specialize in providing strategies and solutions in all phases of problem loan resolution, including workouts, litigation and bankruptcy proceedings. Proper and timely planning will ensure the lender's rights and its investment, while reducing the risk of adverse consequences and legal expenses. Our representation begins with a thorough review of the debt relationship, including analysis of credit and litigation risk, from which we develop a timely and cost effective strategy. We take a practical approach to creditor representation that recognizes cost and risk.

Carlton Fields has one of the most extensive creditors' rights, insolvency, reorganization and commercial litigation practices in the Southeast. Our interdisciplinary group of attorneys has extensive experience in real estate financing, litigation, and bankruptcy, through several past real estate cycles. We represent a wide variety of creditors, including banks, insurance companies, property management firms, real estate investment trusts, asset based lenders, commercial finance companies, indenture trustees, bondholders, receivers and creditors' committees.

We would be pleased to discuss your needs as they arise.