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Practice Areas & Industries: Dinsmore & Shohl LLP

 



Dinsmore & Shohl LLP

Real Estate and Finance Return to Practice Areas & Industries

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Practice/Industry Group Overview

Dinsmore & Shohl LLP’s Real Estate Practice Group counsels clients with needs relating to real estate acquisition and disposition, ownership, construction, financing, land use, title insurance, zoning, leasing, and exchanges.

We work closely with clients to structure the proper ownership entity and relationship between the owners, including joint tenancies and tenancies in common, partnerships, limited partnerships, regular and Sub-chapter S corporations, limited liability companies and trusts. Our attorneys represent owners and lenders, including several local and national banks, insurance companies, pension funds, REIT’S, major corporations and international lenders in all aspects of real estate financing, including conventional financings, sale and leaseback transactions, leasehold mortgage financing, refinancings, workouts and foreclosures. Each year we close millions of dollars of real estate sale, financing and lease transactions.


 

Services Available

  • Commercial and consumer credit
  • Financing and loan closings
  • Syndications
  • Contract review and preparation
  • Title insurance and opinions
  • Lease preparation and negotiation
  • Establishment of condominiums and PUDs
  • Foreclosures
  • Annexations
  • Building and construction law
  • Franchises
  • Real estate tax issues
  • Consumer protection
  • Evictions
  • Mechanics’ liens
  • Related services

Dinsmore & Shohl LLP has an active construction law practice. We represent clients engaged in all aspects of the development and construction process, including owners, developers, general contractors, subcontractors, architects, engineers, designers and manufacturers and distributors of building products and materials. Our attorneys are able to advise clients throughout the construction process. Through our wholly owned corporation, Mercantile Title Agency, Inc., we are affiliated with national and regional title insurers and are able to offer a full range of real estate closing services, including title examinations and issuance of title commitments and policies.

Our attorneys work closely with attorneys in the Environmental Law Practice Group. Given the requirements of the Comprehensive Environmental Compensation and Liability Act (CERCLA) and strict owner liability for contaminated property, the site analysis, contract negotiation, ownership, management and transfer of real estate is critical. We provide a team approach to servicing our clients’ real estate needs.

We also are retained by numerous other major law firms to provide, in multi-state loan transactions, prompt and accurate review of documents for local law compliance and issuance of opinion letters.

Representative Experience

Perpetual Federal Savings Bank
Mortgage Foreclosure
Foreclosure in one complaint of numerous mortgages encumbering multiple separate properties 
 
Local Builder
Local Builder v. Alleged Easement Holders
Quiet title action to extinguish or terminate unused easement  

Natural Gas Development and Exploration Company
Real Estate / Commercial Loan Transaction
Counsel to publicly-traded natural gas development and exploration company in connection with sale of natural gas interests located in numerous Kentucky counties, including secured seller financing.

The United States Department of Housing and Urban Development acting through its agent Lawyers Advantage Title
Post-Foreclosure Reviews and Closing Services
Post-foreclosure reviews and closing services 
 
SunTrust Bank
Loan Workouts and Collections
Representation in various loan workouts and collections 

Multiple Clients
Lien Claims
I have successfully litigated and mediated multiple lien claims in numerous construction-related cases throughout Ohio.

Seed Restaurant Group, Inc.
Joint Venture
Joint venture for Seed Restaurant Group, Inc., owner and franchisor of Fazoli's quick-casual Italian restaurant chain, with over 300 company owned and franchised locations in 32 states, with major international fast food franchisor. 
 
FirstMerit Bank, N.A.
Loan Work-Out / Deed in Lieu
$7,600,000 loan work-out deed in lieu of foreclosure for an asset-based loan transaction secured by a golf course project 
 
Fortis Capital Corp.; Banco Bilbao Vizcaya Agentaria, S.A.
Loan Closing and Due Diligence
Loan closing on $125,000,000.00 loan to finance Phase II of the NedPower Mount Storm Wind Energy Project, multi-faceted review of complex transaction; environmental and real estate due diligence for lenders 

Multiple Clients
Selected Real Estate Experience
Selected real estate experience for multiple retail clients, Fortune 100 companies, NYSE listed companies, privately held investment companies, a municipal corporation and hospital systems 

Huntington National Bank
Residential and Commercial Loan Transactions
Wide range of full service residential and commercial loan transactions 
 
Large Regional Bank
Wide Range of Full Service Residential Loan Transactions
Wide range of full service residential loan transactions 
 
Levis Commons, LLC
Shopping Center Refinancing
$58,000,000 shopping center refinancing 
 
Graeter's Manufacturing Company
Representation of Graeter's Manufacturing Company
Corporate representation 
 
Restaurant Chain Franchisee
Real Estate Leasing Transaction
Counsel to the franchisee of a national restaurant chain in connection with the lease from a developer of an outparcel of a "big box" shopping center development.

Coal Company
Real Estate and Contractual Matters
Our firm represents a West Virginia Coal company handling the transfer of real estate, contracts and associated permits.

Multiple Clients
Real Estate Transactions
Lead outside counsel for purchasers of several significant central-Kentucky thoroughbred farms (ranging from $6 million - $17.5 million).

Shopping Center Developer
Real Estate Leasing Transaction
Counsel to a "big box" shopping center developer in connection with the sale and lease of numerous main parcels and outparcels to various anchor retailers and restaurants.

National Restaurant Chain
Commercial Loan
Dinsmore & Shohl represented a national restaurant chain in a $23 million commercial loan refinancing.

Multiple Clients
Commercial Landlord / Tenant Representation
Litigated claims on commercial leases throughout Ohio on behalf of landlords and tenants at multiple commercial sites.

Multiple Clients
Commercial Loan Transaction
Local lender’s or borrower’s counsel in numerous commercial financing transactions of varying size, involving borrowers in various industries including manufacturing/industrial, hotel development and shopping center TICs.

SunTrust Bank
Commercial Loan Transaction
We represented SunTrust Bank in a commercial loan transaction involving complex estate issues.  We provided comprehensive services related to unique estate and title issues in order to insure a successful closing.

Multiple Clients
Commercial Foreclosures
I am regularly involved in commercial foreclosures throughout Ohio on behalf of numerous commercial interests.

Life Line Screening of America
Certificate of Need
Certificate of Need to develop mobile screening services 
 
Atlantic Development & Capital LLC
Acquisition of Coal and Related Assets
Acquisition of coal and other assets totaling $80 million 
 
Coal Company
Coal Asset Acquisition
Acquisition of coal leases and related real property 
 
Large Western Pennsylvania Investment-Land Holding Company
Cleanup / Sale of Superfund Property
Represented client in connection with development of final remedial actions to "clean up" a contaminated site which was listed on the National Priorities List and subsequently negotiated the environmental provisions of several agreements involving the sale of the property following implementation of the approved remedial action. 
 
Seed Restaurant Group, Inc.
Corporate Reorganization and Asset Purchase
Corporate reorganization and asset sale of Seed Restaurant Group, Inc., owner and franchisor of the Fazoli's quick-casual Italian restaurant chain, with over 300 company owned and franchised locations in 32 states 

Multiple Clients
Commercial Receivership
I have overseen multiple commercial receivership filings on behalf of clients with liens/mortgages on commercial, income-producing property.

Large Regional Bank
Full Service Residential Loan Transactions
We have represented this client in routine and complex residential real estate matters.

Hill Partners, Inc.
Creation of New Venture for Shopping Center Development
Establishment of joint venture for the creation and development of "lifestyle" shopping center valued at $120,000,000

Commercial Lender
Commercial Loan Transaction
Lender’s counsel in $55-million credit facility funding the acquisition of owned and leased mineral interests located in southeast Kentucky and Tennessee.

Commercial Borrower/Purchaser
Commercial Loan Transaction
Local counsel for borrower/purchaser in approx. $1-billion “commercial mortgage-backed securities” loan transaction, financing acquisition of the assets of a major national hotel chain.

Large Regional Lender
Commercial Loan Transaction
Lead counsel for a large regional lender financing the acquisition of approximately 53 restaurant locations located in 5 different states from an international fast-food restaurant franchisor.

Commercial Lender
Commercial Loan Transaction
Lender's counsel in numerous loan transactions involving the financing of the acquisition of existing hotel operations in Kentucky, Indiana and Ohio (ranging from $750,000-$4 million).

Commercial Borrower
Commercial Loan Transaction
Borrower’s counsel in $150-million credit facility secured by leased mineral reserves located in Kentucky and West Virginia, as well as inventory and receivables associated with mining operations.