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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
Moss & Barnett Congratulates Its Attorneys Listed in The Best Lawyers in America for 2010
(Spring 2010)
Managing Enviromental Liability in Tough Economic Times
(April 2010)
Voluntary Mortage Foreclosure - An Alternative to Deeds in Lieu of Foreclosure
(April 2010)
Waterfront/Shoreland Zoning Variances - As Clear as Mud
(April 2010)
The Deadline to File An Appeal of the Value Used to Establish 2010 Property Taxes is April 30, 2010
(March, 2010)
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

[09/02] Mortgage rates hit decades-low of 4.32 percent
[09/02] Pending home sales rise 5.2 percent in July

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Case Summaries

Landlord Tenant

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Property Law & Real Estate

[09/02] Bakalar v. Vavra
In an action seeking a declaration that plaintiff was the owner of a drawing by Egon Schiele, judgment for plaintiff is vacated where: 1) although it is unclear whether a cause of action comparable to the counterclaims of defendants could be successfully brought in Austria, allowing the claims to go forward under New York law was consistent with the principles underlying the decision of the Supreme Court of Austria; and 2) the district judge, by applying Swiss Law, erred in placing the burden of proof on defendants to show that the Nazis looted the drawing.

[09/01] Gallagher v. Magner
In consolidated actions by several owners and former owners of rental properties in St. Paul, Minnesota, challenging the City of St. Paul's enforcement of its housing code, summary judgment for defendants is affirmed in part where: 1) plaintiffs did not assert a claim under the McDonnell Douglas framework; 2) plaintiffs were not exercising a right under the Fair Housing Act by leasing to racial minorities; and 3) plaintiffs failed to reference a particular section of the St. Paul Code, let alone analyze why that section was vague. However, the order is reversed in part where the city's aggressive enforcement of the Housing Code resulted in a disproportionate adverse effect on racial minorities, particularly African-Americans.

[08/31] Wickens v. Shell Oil Co.
In plaintiffs' suit against Shell Oil under Indiana's Underground Storage Tank Act, claiming that Shell Oil was liable for the contamination on a plot of land where plaintiffs' shoe store was located, district court's grant of most of the plaintiffs' requests for corrective actions costs and attorney's fees is affirmed in part, reversed in part and remanded where: 1) without a better showing from the plaintiffs' attorney, the court will assume that the district court did its job properly when it decided to award $37,443.25 in litigation costs and disbursements; 2) there is no error in ordering Shell to pay for the corrective action costs incurred in May and June 2007; 3) district court did not abuse its discretion in denying the attorney's request for prejudgment interest; 4) district court did not abuse its discretion in denying Shell's Rule 60(b) motion; and 5) district court's judgment is reversed and remanded insofar as it miscalculated when it deducted the attorney's wife's fees from the attorneys' fees award.

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