Commercial leasing disputes. Undisclosed defects. Easements. Real property is often a subject of high-stakes disputes that generate litigation. The intersection is commercial property law and litigation is familiar territory to DGR lawyers.
- Represented software company in collection from timeshare real estate industry customers.
- Represented real estate developer in defense of multiple disputes over preconstruction deposits on an 80-unit, three story luxury townhome development. Successful resolution through trial and appeal, as well as settlement of several suits.
- Represented Japanese bank in suit over 2 golf courses purchased with part of $100 million loan proceeds; pre-judgment attachment of one golf course and garnishment of sale proceeds of second golf course, along with aggressive allegations of fraudulent transfer, led to successful collection effort. Reported decision in Sanwa Bank v. Kato, 734 So.2d 557 (Fla. 5th DCA 1999) (state court, Orange County).
- Sued for foreclosure of office building and appointment of receiver. Action pending; negotiations regarding environmental issue and deed in lieu. (Multiple actions).
- Contested Chapter 11 bankruptcy of single owner, contiguous office buildings, seeking to cram down long-term payment terms, with 3% interest rate, on secured creditor. Successful result, after contest, with dismissal of bankruptcy, infusion of capital, and modification of mortgage loan.
- Sued for foreclosure of office building and appointment of receiver. Defendants asserted tortuous interference with potential sale, with sale lost. Successful result with foreclosure sale, assignment of credit bid rights, and appointment of receiver.
- Sued for foreclosure on office building and appointment of receiver. Successful result with lender taking title and retaining building.
- Sued on behalf of property investor group for foreclosure and appointment of receiver. Successful result with lender taking title, and recovering substantial deficiency in a contested trial.
- Sued for foreclosure of a 26-building apartment complex damaged by Hurricane Wilma and appointment of a receiver. Successful result with institutional investor contracting for an option period, construction and purchase within six months of foreclosure sale.
- Represented of principals of owner in connection with claims raised in bankruptcy of SPE condominium development project; sale of 40 remaining units at bankruptcy auction; channeling injunctions and new value.
- Represented, pro bono, homeowners in connection with mortgage foreclosure actions on their residence; mediation and restructure of mortgage or sale process.
- Represented of lender in connection with sale of second mortgage debt, after Chapter 13 bankruptcy of individual owners.
- Represented of lender in connection with disputed commercial foreclosures and deficiency actions: undeveloped, intracoastal property; undeveloped acre in Arcadia; improved commercial apartment complex.
various types of relief for multiple “non-essential” retailers in
commercial lease agreements facing financial distress in the wake of the
COVID-19 outbreak and stay-at-home orders.