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Receivership and Bankruptcy Services
Foresite Realty Partners' professionals have the unique expertise required to handle a variety of distressed situations including non-performing loans, under-performing loans and the management, leasing, liquidation and/or redevelopment of real estate owned (REO). Foresite's professionals have been involved in numerous types of monetary and non-monetary loan defaults, workouts, mortgagees-in-possession, turnaround transactions and foreclosures throughout the last 20 years, including judicial and non-judicial foreclosures, court-appointed receiverships, bankruptcies and deeds in lieu. Foresite has been brought in on many occasions to manage, lease, reposition and market the property for sale after the property has become REO.
Foresite's fully integrated real estate services provide comprehensive interim management solutions for owners, lenders and courts including:
- Receivership and Bankruptcy Services
- Loan Workout Strategies for Debtors and Creditors
- CMBS and CDO Pool-Acquisition Due Diligence, Underwriting and Physical Inspections
- Broker Opinion of Values (BOV's)
- REO, including management, leasing, redevelopment
- Exclusive Disposition Agent of REO and Mortgages
Members of Foresite's senior management team are well acquainted with the court proceedings involved in the foreclosure process and the appointment of a receiver. Our experience gives us the ability to participate in the legal process with our clients and attorneys including ensuring that the Order appointing a Receiver is adequate in its scope as well as authority and provides the necessary tools for both a smooth transition and the financial flexibility to maintain and create value in the asset.
Foresite's Receivership Services include:
- Stabilizing property operations and ensuring tenant retention
- Development and Implementation of the Property Strategic Plan
- Oversight and direction of on-site Property Management Team
- Evaluation and Creation of Marketing, Advertising and Leasing Strategies
- Devising and Implementing an Optimal Exit Strategy
Given the advancing mechanism inherent in CMBS and CDO transactions and accruals resulting from distressed bank assets, Foresite recognizes that time is money and we take every measure to ensure the transaction is handled professionally and efficiently with a focus on cash flow leading to value maximization.
Foresite's Bankruptcy and Restructuring Group has extensive experience providing a broad range of services in situations involving financially troubled real estate, the businesses that may use this real estate and the and the individuals who own the real estate. Our expertise includes the following:
- Representing and assisting bankruptcy trustees
- Assisting Turnaround management teams with their real estate asset responsibilities
- Consulting with owners of real estate on how best to maximize their value
- Creating strategic plans for monetizing real estate
- Advising lenders with respect to workouts and restructurings when a bankruptcy alternative may exist
- Handling assignments for the benefit of creditors
- Counseling regarding real estate restructurings and recapitalizations
- Representing buyers and sellers in acquisitions, dispositions, liquidations and auctions of troubled real estate
- Working with our strategic partners regarding preference claims, monetizing furniture, fixtures and equipment, inventory and receivables all that may or may not come along with the affiliated real estate
As can be seen from the above list of services, Foresite has the skills and expertise to work with both debtors and creditors in a variety of contexts, including business strategy and negotiation. Our team works with both publicly held and privately owners of real estate and their respective principals. We are able to draw upon and benefit from the wide depth of expertise offered by our other practice areas of our firm. This type of interdisciplinary approach enables us to skillfully and efficiently deal with even the most complicated issues facing our clients.
For more information on Foresite's "Properties-In-Transition" services, please click here.