Real Estate

Obtained significant monetary judgment, and preliminary and permanent injunctive relief for our title insurer client in defalcation lawsuit in Virginia Beach Circuit Court.

Successfully represented a land owner of multi-million dollar property adjacent to a public transit station in declaratory judgment and breach of contract arbitration involving ground lease disputes.

Represent a non-profit owner and developer of a commercial project in Frederick County, Maryland that will provide a full service recreational facility and programs. We have represented the client in all phases of the project, from the property acquisition, title work, zoning, negotiation of memoranda of understanding with the County and County agencies, and represented the owner/developer in the bond and construction financing, totaling $21 million. The property has been vacant for many years and is now being transformed into a vibrant community resource for recreational, educational and wellness programs that will benefit and serve the residents of Frederick County.

Successfully represented a non-profit property owner in connection with its opposition to an application by the City of Frederick, Maryland for a zoning map amendment to place a historic preservation overlay (HPO) zone on its entire 40+ acre property. The owner was opposed to the City’s placement and designation of an HPO zone on the property because it would have greatly restricted the future use and development of the property and would have substantially increased the costs to maintain and operate the property. In addition, the placement of the HPO on the property would have had a substantial negative impact on the value of the property, which would have resulted in a negative impact in the non-profit’s borrowing capabilities and its continued ability to operate its programs on the property.   We successfully opposed the proposed HPO before the Historic Preservation Commission, the Planning Commission and the Mayor and Board of Aldermen, resulting in the proposed HPO being denied.

Defend and prosecute actions involving title disputes with respect to real property located in Washington D.C. and Maryland including issues relating to ownership, lien validity and priority, including cases involving forged deeds, challenges to foreclosure proceedings, easements, improper lis pendens filings, as well as suits to correct deeds and other land records.

Successfully obtained summary judgment in the District of Columbia in favor of lender against the holder of a foreign judgment which claimed that its foreign judgment had priority over the lender’s deed of trust, which would have effectively nullified the lender’s interest in the real property at issue.  The case involved the issue of whether or not the lender was a bona fide purchaser for value or had actual or constructive knowledge of the foreign judgment prior to the loan transaction at issue.  The Court ultimately held that the lender was a bona fide purchaser for value and held no such knowledge of the foreign judgment which would have defeated its bona fide purchaser status.

Successfully defended a lender in Anne Arundel County Circuit Court and on appeal against multiple challenges to the validity of the lender’s right to foreclose on real property. The case involved the issue of whether the lender could properly foreclose under a deed of trust which it had acquired by way of assignment from an originating lender. Challenges to the validity of the assignment were raised by way of exceptions to the foreclosure sale filed by a subsequent lender and a straw purchaser of the property--likely involved in a foreclosure rescue scheme. The Circuit Court rejected those challenges and entered a final order of ratification. A subsequent declaratory judgment action brought by the losing parties in their attempt to raise the same challenges to the lender’s right to foreclose was later dismissed based upon principles of res judicata. The judgments entered in both the foreclosure action and the declaratory judgment action were affirmed by the Court of Special Appeals.

Successfully defended a property owner in a dispute in Queen Anne’s County Circuit Court against multiple neighbors claiming easement rights over client’s property to access beach area on the eastern shore of the Chesapeake Bay.  The case raised the novel issue of whether the neighbors had an implied easement based on a Subdivision Plat recorded in 1952, which the Court ultimately rejected.  The Court also rejected alternative claims made by the neighbors that they held prescriptive easements based upon their prior alleged use of the property at issue.

Represented a lender to develop a set of loan documents, which protect our client’s interests in both the stream of income derived from borrower’s contracts with the building owners as well as the energy-related equipment installed at the buildings. The borrower is a Philadelphia-based, energy efficiency services and equipment provider. Using the loan documents we developed, our client is able to obtain a security interest when funding the borrower who is entering into contracts with large-scale building owners to provide equipment and services to significantly reduce the energy consumption of the buildings.

Represented national bank in connection with a $26 million construction loan to an affiliate of a real estate developer for construction of an apartment project secured by real property in Washington, D.C. This is a complex transaction subject to ground lease, bridge financing and federal historic tax credits.

Represent a real estate developer in connection with tax credit investments of nearly $8 million, $14 million in construction financing, and another $3 million in historic tax credits. The project included working with the Maryland Historical Trust and the National Park Service on the transformation of a historic building into affordable housing and a brew pub. Because the location was listed on the National Register of Historic Places and the inclusion of a historic tax credit this project required an extra level of scrutiny of designs and plans.

Advised an infrastructure development, management, and operations firm in the acquisition of legacy wind power generation assets, including assessing the risk of contamination liability, advising on appropriate contract protections, and evaluating requirements regarding species protection issues.

Advised a global infrastructure investment manager on strategic power generation and infrastructure investments, including both developmental stage and operational projects, focusing on current and legacy environmental site conditions, contamination, permitting, regulatory compliance, and land use issues.

Defended a multi-family housing landlord in Baltimore City Circuit Court in a 40+ plaintiff personal injury and constitutional rights litigation related to allegations that the landlord’s security guards were harassing residents and that the guards were allegedly abusing their “Special Police” powers.

Representing a luxury resort and casino in negotiations for a multi-level parking garage lease. This is an expansion of existing space under a long-term lease and will allow the tenant to provide its visitors with safe and convenient access to the hotel and casino building.

Advised real estate investment trust on the installation of roof-top solar systems, including drafting rooftop solar leases, negotiating power purchase agreements with tenants and engineering, procurement, and construction contracts with vendors.

Advised clients on environmental issues in commercial transactions, including due diligence reviews for real estate transactions, risk evaluation of using properties as loan collateral, permit transfer, facility closures, and liability and indemnity issues in corporate transactions.

Counseled real estate investment trust (REIT) clients regarding environmental and land use due diligence for various real estate portfolio transactions involving numerous properties, including acquisitions of industrial, truck stop and gasoline station, office, hotel, and senior living properties.

We represented a Qatari businessman who was defrauded by his business partner in connection with a business park development in the Middle East. After protracted litigation, we obtained a multi-million dollar judgment in favor of our client.

Obtained judgment in favor of managing member and co-owner of multimillion dollar real estate enterprise in dissolution and breach of fiduciary duty litigation following 15-day trial. Judgment affirmed on appeal.

Represented a commercial real estate developer at both trial and on appeal in federal court in a complex dispute involving an early termination provision of a commercial lease.

Obtained multiple judgments, following trial or motion, on behalf of national, regional and local real estate developers in commercial lease matters.

We represented the client in connection with a receivership, two foreclosures, and the forced sale of multiple real estate developments. When the client’s borrower defaulted on several loans that were secured by various real estate development projects in Baltimore City, we instituted confessed judgment litigation and foreclosure actions against all of the obligors. In addition, during the course of our representation, one of the developments securing the borrower’s obligations was forced into receivership by the City of Baltimore. We were successful in obtaining judgments against the obligors and garnishing the obligors’ accounts. These actions, as well as the pressure of the pending foreclosure actions, ultimately lead to the sale of the Bank’s collateral to another developer and obviated the need for selling the development projects at foreclosure. Additionally, we were deeply involved in the Baltimore City receivership proceeding and worked with the City of Baltimore to allow the sale of the Bank’s collateral to another developer in lieu of having a receiver sell the development at a below market price . As a result of our representation, and notwithstanding the numerous obstacles posed by the borrower, we were ultimately able to force the sale of two properties to another developer and the client was paid in full, including all fees and costs, from the sale of the collateral.