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At K&L Gates, an integrated, interdisciplinary, multi-office practice team focuses on the representation of institutional real estate lenders holding troubled real estate loans and mortgage-backed securities as well as borrowers seeking to restructure troubled debt and investors who own or desire to acquire distressed real estate and real estate loans.


More than 180 real estate lawyers, 65 bankruptcy lawyers, and 50 financial services litigation lawyers with significant experience in these disciplines make up this practice. Our practice offers extensive market experience, knowledge, and presence, providing our clients a local connection for interests they have across a wide geography with our offices throughout the U.S., the UK, Europe, Australia, Asia, and the Middle East.


Our practice includes:

  • Representation of both borrowers and new equity sources in negotiating the recapitalization of borrowers as part of an overall financial restructuring strategy. 
  • Representation of real estate lenders, special servicers, and borrowers in loan restructurings, forbearances, bankruptcy proceedings, judicial and non-judicial foreclosures, receivership actions, and deficiency collection proceedings. 
  • Defense of lenders with respect to the many types of claims arising from troubled real estate loans, including lender liability. 
  • Representation of lenders and investors as owners of foreclosed real estate, with respect to a full array of asset management, leasing, and disposition issues as well as the formation and operation of new entities for lenders in syndicated facilities to act as owners of foreclosed collateral. 

Many of our real estate and bankruptcy lawyers have years of experience going back to prior recessionary cycles, such as the one following the savings and loan crisis of the late 1980s. Those lawyers were involved with Resolution Trust Corporation matters and represented bank-owned subsidiaries set up to own, operate, and dispose of foreclosed assets.

Areas of Practice

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Special Counsel
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Practice Area Leader - Real Estate
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Showing 11-20 of 42 results
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Disposition of Troubled Real Estate and Defaulted Loans
Represented a bank holding company and its affiliates in approximately 30 separate commercial mortgage loan sale transactions with a total value between $600 and $900 million.
Represented a major commercial bank in connection with a series of acquisitions and sales of pools of performing and non-performing commercial loans aggregating approximately $1 billion.
Acting for an Australian restructuring and insolvency firm on behalf of a leading Australian bank on the disposal of a AUD30 million greenfields site and on the AUD13.7 million disposal of a distressed asset sale of an iconic Melbourne hotel.
Acted on behalf of a global real estate investment management company in connection with multiple sales and acquisitions of both performing and non-performing commercial mortgage loans secured by office and multifamily properties.
Represented an investment bank in connection with its disposition of a $2 billion portfolio of performing and non-performing commercial mortgage loans to multiple investors involving the negotiation of more than a dozen separate loan purchase and sale agreements.
Represented multiple clients (lenders and REMIC special servicers) after acquisition of distressed loans or property securing such loans, by foreclosure or deed-in-lieu of foreclosure, in the subsequent management, leasing, and ultimate disposition of real estate security.
Represented a prominent real estate opportunity fund in the sale of a pool of commercial mortgage loans secured by a nationally franchised restaurant chain.
Represented the lead lender in a co-lending consortium in the disposition of a defaulted loan secured by a 500,000 square-foot office complex.
Represented the lead lender on behalf of six co-lenders in the disposition of an $80 million construction loan secured by a commercial office development.
Negotiated the workout and deed-in-lieu on behalf of a commercial bank concerning a 300,000 square-foot office complex.