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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
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)

Related

News Headlines


News

Real Estate

[07/01] Florida's Climate Is Business-Friendly, Says Florida Association of Realtors(R)
[07/01] Kristi Hirota-Schmidt Honored as One of PBN's 'Forty Under 40'

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Case Summaries

Landlord Tenant

[06/29] Reliastar Life Ins. Co. of New York v. Home Depot U.S.A, Inc.
In an action involving payments related to a lease and recognition agreement, district court judgment in favor of plaintiff is vacated and remanded where: 1) New York's Uniform Commercial Code does not prohibit defendant from asserting constructive eviction as a defense to plaintiff's claims arising from the lease; 2) the estoppel certificate in the recognition agreement does not bar defendant's constructive eviction defense if defendant was unaware of the faulty condition of the building pad when it executed the parties' recognition agreement and its lack of awareness was reasonable at the time; and 3) if defendant was constructively evicted, the lease was terminated and defendant was relieved of its obligation to pay rent under the "hell or high water" clause of the parties' recognition agreement.

[06/25] Kassis v. Ohio Cas. Ins. Co.
In an action seeking indemnification from an insurer regarding a slip and fall personal injury action, judgment for Defendant is reversed where a landlord is an additional insured under an insurance policy obtained by his tenant, such that the insurer is obligated to defend and indemnify the landlord in an underlying personal injury lawsuit.

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Property Law & Real Estate

[07/01] Huber v. Jackson
In a dispute over church property, trial court's grant of summary judgment for the general church and its diocese is affirmed where: 1) under the California Supreme Court's holding in the Episcopal Church Cases, the local parish church holds the property in question in trust for the Episcopal Church and the Los Angeles Diocese, and by disaffiliating from the church defendants and their new parish under another church have no right in the property; 2) the court did not err in rejecting defendant's collateral estoppel argument as the case defendant relies on is distinguishable largely due to the passage of time and there is also now Supreme Court precedent on the matter; and 3) the court did not err in determining that after defendants voted for disaffiliation, their purported amendment of the articles of incorporation and bylaws to make the corporation part of the Anglican Church were a legal nullity, or ultra vires.

[07/01] County of Butte v. Superior Court of Butte County
Petition for writ of mandate to overrule a trial court ruling regarding rights related to possession of medical marijuana is denied where the Constitution and laws of the state provide real party in interest Williams relief at law to bring a civil action based on a violation of his constitutional rights, and seek an adjudication as to whether the deputy had probable cause to order Williams to destroy his property or whether a lack of probable cause led to a violation of his constitutional rights.

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