Real Estate

Weinberg Wheeler Hudgins Gunn & Dial's Real Estate & Financial Transactions and Disputes Practice Group has handled a wide variety of real estate and commercial lending matters, disputes, and litigation throughout the country. We provide counsel and representation to all players in the real estate and financing industry, including, sellers, purchasers, owners, developers, lenders, property managers, receivers, landlords, and tenants across a broad range of matters.

Real Estate and Financial Services cases have included:

• Drafting, negotiating, and closing commercial and construction loans for lenders, developers, and borrowers.
• Drafting, negotiating, and closing asset purchase agreements, stock purchase agreements, and merger agreements.
• Drafting, negotiating, and litigating commercial and residential leases. 
• Representing lenders, servicers, borrowers, owners, receivers, and other interested parties in commercial and residential foreclosures.
• Serving as the national outside counsel for the nation’s largest special servicer of commercial mortgage-backed securities on a variety of real estate-related matters.
• Serving as counsel to lenders, borrowers, brokers, and other interested parties in real estate-related bankruptcy cases.
• Serving as primary counsel and advisor to a national property management company in a variety of matters, including matters in which the property manager has been designated as a court-appointed receiver for distressed assets.
• Negotiation and consummation of a favorable settlement to a highly contested dispute regarding ownership rights to Underground Atlanta.
• Resolving nuisance, trespass, and environmental claims.
• Drafting, negotiating and litigating real estate sales contracts.
• Filing or obtaining dismissals of lis pendens, tax liens, materialmen’s liens, and other encumbrances upon real property.
• Litigating suits to quiet title to real property.
• Litigating commercial and residential evictions and distress proceedings.
• Serving as title agent on commercial and residential transactions.

Real Estate Transactions and Litigation cases have included:

• Closed multi-million dollar transactions involving the purchase, development, and refinance of commercial properties throughout Florida.

• Litigated multiple disputes arising from asset purchase agreements, stock purchase agreements, and mergers.

• Negotiated and closed dozens of multi-million dollar transactions involving mixed use student housing developments across the U.S.

• Obtained summary judgment for a lender and its special servicer on fraud, breach of contract, and quasi-contractual claims based on the borrower’s contention that the clients induced the borrower to default on its mortgage.
• Obtained a directed verdict for a real estate developer in a landlord-tenant dispute; the tenant sought over $400,000 in compensatory and punitive damages on claims of trespass and conversion of personal property.
• Prevailed on a suit to cancel a lis pendens improperly filed by a disbursing agent for a corporate debtor in a Chapter 11 bankruptcy proceeding.
• Obtained summary judgment in favor of a real estate developer on a material supplier’s claims to collect on a bond issued to dissolve a materialman’s lien.
• Negotiated a favorable resolution on behalf of a purchaser against charges of willful breach of a residential real estate contract.
• Settled scores of real estate related "Lender Liability" cases across the country.
• Negotiated a favorable settlement for a relocation company against claims that it knowingly failed to disclose defects in a residential property.
• Negotiated a favorable resolution of a quiet title action involving commercial property.
• Negotiated scores of settlements in commercial eviction and distress proceedings.
• Successfully argued against the demolition of a multi-family property allowing the client the opportunity to save the project. 
• Obtained summary judgment on multiple contested foreclosure suits.