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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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Practice Area Leader - Real Estate
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Represented a large bank in connection with the litigation and negotiations of agreements for deeds-in-lieu of foreclosure and settlements with guarantors involving $70 million in secured facilities.
Represented a lender in the acquisition of a defaulted condominium development loan in a deed-in-lieu transaction.
Represented an asset-based lender in a UCC foreclosure on radio station assets located in California and Mexico.
Represented a client to recover a $3 million beach property in Alabama via a deed-in-lieu as part of a global settlement of deficiency claims against guarantors.
Represented a client in foreclosing on a loan secured by a residential golf course community located in Northern California.
Represented a lender in connection with a foreclosure of personal property liens on assets of a distribution company.
Instituted and completed numerous mortgage foreclosure proceedings on commercial properties for major financial institutions.
Represented a mortgage lender in obtaining state court receivership and subsequent foreclosure of a former retail distribution facility.
Represented the note purchaser of a defaulted construction loan and subsequent acquisition of a 900,000 square-foot commercial office building in a deed-in-lieu transaction.
Represented a client in a restructuring/foreclosure of a development loan for a high-rise condominium in metropolitan Washington, DC