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
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

[05/14] New York Mortgage Trust Announces Correction to its Previously Issued First Quarter 2008 Earnings Release
[05/14] Grayson Place Named 'Denver Top Property' by Colorado Homes & Lifestyle Magazine

More...

Case Summaries

Landlord Tenant

[05/06] In the Matter of IG Second Generation Partners L.P. v. New York State Div. of Hous. and Cmty. Renewal
In an appeal addressing whether the Division of Housing and Community Renewal (DHCR) had the authority to cancel rent arrears owed by a rent-stabilized tenant as a result of DHCR's resolution of an unusually protracted fair market rent appeal, the court of appeals rules that DHCR did not have the authority under the circumstances of this case.

[05/01] P.A. Bldg. Co. v. City of New York
In a landlord-tenant dispute involving whether asbestos abatement costs incurred by the landlord were "operating expenses" under the relevant terms of a commercial lease, judgment for landlord awarding additional rent due including amount of interest accrued is reversed and remanded where: 1) the underlying asbestos abatement costs were not "operating expenses" within the meaning of "escalation provisions" in the lease agreement; and 2) the interest amount on additional rent due should have been calculated from the date which an audit resisted by the landlord was finally commenced.

More...

Property Law & Real Estate

[05/14] Oravec v. Sunny Isles Luxury Ventures, L.C.
In an action brought by plaintiff-architect under the Copyright Act alleging that defendants infringed his copyrighted architectural designs via the design, development, and construction of certain Trump buildings, summary judgment for defendants, as well as a denial of a motion for leave to file a third amended complaint, are affirmed where a thorough review of the record indicated that the district court properly made its rulings under the specific facts of the case and did not abuse its discretion in denying the motion for leave to amend.

[05/13] Garcia v. Brockway
An aggrieved person must bring a private civil action under the Fair Housing Act (FHA) for a failure to properly design and construct within two years of the completion of the construction phase, which concludes on the date that the last certificate of occupancy is issued. (Panel opinion adopted by the en banc court with amendments)

More...

4800 WELLS FARGO CENTER | 90 South Seventh Street | Minneapolis, MN 55402-4129
P: 612-877-5000 F: 612-877-5999 contact@moss-barnett.com