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REAL ESTATE

The Real Estate group at Moss & Barnett is composed of seasoned, pragmatic and responsive practitioners who are pledged to protecting the legal rights of clients while working collaboratively with opposing parties to achieve ultimate closure. This practice group works regularly with developers, lenders, buyers, sellers, landlords and tenants, business owners and property management companies. We also work with title companies, surveyors, brokers, environmental consultants, appraisers and governmental entities.

The services offered by our real estate group include:

  • Buying and selling real estate
  • Retail, industrial and residential development
  • Communications and power transmission infrastructure development
  • Commercial leasing
  • Environmental compliance and assessment
  • National Environmental Policy Act (NEPA)
  • Use of tribal lands and non-tribal lands with religious or cultural significance
  • Land use regulation and zoning
  • Representing borrowers and lenders in local and national financing and refinancing
  • Government-assisted housing programs
  • Condemnation
  • Real estate tax protests and appeals
  • Boundary line disputes
  • Title to registered lands (Torrens proceedings)
  • Title insurance matters
  • Identification and resolution of title and survey problems
  • Receiverships
  • Real Estate
  • Tax deferred exchanges
  • Tenants in common investments and ownership structures

Financing Transactions

Several of our real estate practitioners routinely represent lenders in a wide range of financing transactions for a variety of real estate projects, including construction loans, forward commitments, bridge and term loans, permanent loans, and revolving lines of credit. These transactions may include a single property or consist of a complex multiple-property pool transaction in multiple jurisdictions.

Multifamily Housing Finance

Our attorneys are recognized nationally for their work in multifamily housing finance involving the closing and delivery of loans secured by multifamily projects to secondary market investors such as Freddie Mac and Fannie Mae. They have developed relationships with these investors and expertise in understanding evolving program requirements and documentation. These practitioners have a diverse experience in closing loans secured by multifamily product, whether it is market-rate or affordable, senior housing or assisted-living facilities, condominiums or cooperatives, new construction or rehabilitation. Clients include some of the nation’s largest real estate investment banks, national and state banking associations, and life insurance companies.

National Wireless Communication Providers

Many of our real estate lawyers work with national wireless communications providers in the acquisition and development of wireless network infrastructure, including the related electrical, fiber optic and wireline facilities to support those systems in a number of states throughout the Upper Midwest.

This group also handles the acquisition, development and zoning of regional switching centers and cell site zoning, as well as the acquisition of a multitude of various real property interests acquired from other carriers. These projects include a number of issues that all developers should consider, including:

  • The environmental condition of the real estate
  • The National Environmental Policy Act (NEPA)
  • Issues related to Native Tribal lands and non-Tribal lands with cultural or religious significance
  • Title to real estate
  • Standardizing agreements with current landowners for the conveyance of lands that need not be condemned
  • Analyzing the business risks attendant to acquiring below-par property

To this end, our lawyers work directly with the client’s outside environmental and acquisition consultants as well as the client’s non-lawyer employees.

Extranet

In order to perform our work efficiently, we have refined a system that uses a secure, web-based Extranet to track project status and manage document flow, without compromising confidential information. This system is available to clients on a selective basis.
Related Firm News and Articles
The Return of Seller Financing: Contacts for Deed As An Option in Today's Struggling Real Estate Market
(Fall 2009 Firm Newsletter)
The Return of Securitized Lending: Freddie Mac Launches CMBS Loan Product
(September, 2009)
Moss & Barnett Congratulates Its Attorneys Listed in 2009 Rising Stars
(Summer 2009 Firm Newsletter)
Skyrocketing Property Values Return to Earth - Property Taxes May Not: What You Can Do to Make Sure You Are Not Overtaxed
(Spring 2009 Firm Newsletter)
The Deadline to File An Appeal of the Value Used to Establish 2009 Property Taxes is April 30, 2009
(April, 2009)
Brian Grogan Elected to Moss & Barnett Board of Directors and Glen Schumann and Betsy Kiernat Appointed as Adjunct Directors
(January, 2009)
Moss & Barnett Congratulates Its Attorneys Listed in The Best Lawyers in America for 2009
(August 2008)
Moss & Barnett and Saint Paul College Team Up to Present The People's Law School
(September, 2008)
Charles A. Parsons, Jr., and Moss & Barnett Once Again Named to Chambers USA for 2008
(July 2008)
Four New Attorneys Have Joined the Firm
(June 2008 Firm Newsletter)
Moss & Barnett Announces New Shareholders for 2008
(January, 2008)
Charles A. Parsons, Jr., and Moss & Barnett Named to Chambers USA for 2007
(July, 2007)
Charles A. Parsons, Jr., Honored With Distinguished Service Award
(December, 2006)

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News Headlines


News

Real Estate

[03/10] Barker donates $2.5 million to create PETA offices
[03/09] Habitat for Humanity of Tennessee Hits 3,000 House Milestone

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Case Summaries

Landlord Tenant

[03/03] Fed. Ins. Co. v. Commerce Ins. Co.
In plaintiff-insurance company's subrogation claim, district court's grant of summary judgment in favor of defendants in concluding that the implied coinsured doctrine controlled the outcome in this case and precluded the plaintiff from pursuing a subrogation claim is affirmed as plaintiff has not met its burden of proving that the "Responsibility for Damages" provision of a Residence and Care Agreement (RCA) overcomes the presumption that the landlord's insurance is held for the mutual benefit of both parties.

[02/09] Chacon v. Litke
In a wrongful eviction action, judgment in favor of plaintiffs-tenants concluding that defendants violated the San Francisco Rent Stabilization and Arbitration Ordinance is affirmed where: 1) defendants' interpretation of the Ordinance as conditioning a tenant's right to reoccupy the unit upon compliance with a 60-day notice is rejected; 2) substantial evidence supports the trial court's finding that the stipulation gave defendants temporary possession of the apartment for up to three months to make repairs and the plaintiffs retained their rights under the Ordinance to reoccupy the premises; 3) the litigation privilege did not apply to defendant's conduct in refusing to allow the plaintiffs to reoccupy the apartment; 4) trial court did not err in granting judgment on the pleadings on the affirmative defenses; and 5) trial court did not abuse its discretion in awarding plaintiffs' attorney's fees.

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Property Law & Real Estate

[03/10] Milwaukee Metro. Sewerage Dist. v. American Int'l Specilaty Lines Ins. Co.
In a sewerage district's suit for damages against an environmental liability insurer for denying coverage for costs incurred by the district in removing significant pollution on land it recently purchased, district court's judgment is reversed and remanded as the district court's finding that there was clear and convincing proof that a prior agreement existed between the insurance company and the sewerage district that the parcel would be covered property was clearly erroneous. Therefore, defendant is entitled to judgment on the sewerage district's reformation claim and, as a consequence, judgment in favor of defendant on its indemnity claim is vacated.

[03/09] Seltzer v. Barnes
Trial court's denial of defendant's anti-SLAPP motion, arising from an underlying suit involving claims against a property management company and homeowners' association, is reversed where: 1) the trial court erred in concluding plaintiff's two causes of action against defendant do not arise from speech or petitioning activity where his alleged conduct was the negotiation of a settlement in the prior case; and 2) because defendant may not be held liable for the alleged conduct under the litigation privilege, plaintiff has failed to show a probability of prevailing on her causes of action for fraud and intentional infliction of emotional distress.

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