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Baker Donelson's Real Estate and Finance Group advises clients on a wide spectrum of real estate transactions, including developments, financings, single asset and portfolio sales and acquisitions, leasing, like-kind exchanges and title insurance.

Featured Videos

Remedial Action in Southeastern States: South Carolina December 17, 2014
Remedial Action in Seven Southeastern States: Louisiana April 23, 2014

Featured Experience

Represented an opportunistic retail real estate investor, advising it on the acquisition of a 50% interest in an entity in default of its loan, whose single asset was an approximately 430,000 square foot retail center.  The transaction included an equity investment into the existing borrower and new debt.  The acquisition included structuring a joint venture with another investor, negotiating a loan acquisition agreement with the lender and negotiating a property acquisition agreement with the borrower for a simultaneous on those two acquisitions.

2011

Represented a national real estate developer and managed all aspects of 50+ acquisitions annually throughout the United States for development as commercial retail stores, including handling all due diligence, negotiating and drafting documents, resolving title and survey issues, and negotiating tax and infrastructure incentives.

Served as developer's counsel in the approximate $10 million acquisition and rehabilitation of an 86-unit housing development under HUD's Rental Assistance Demonstration (RAD) Program, utilizing approximately $6.1 million in low income housing tax credit equity, HOME Funds, Affordable Housing Program Funds, conventional construction lending and conventional permanent lending. The development was supported by a commitment of housing authority subsidy via Section 8 Project Based Vouchers converted under the RAD Program.

2016

Practice Overview

Overview

Baker Donelson's Real Estate and Finance Group advises clients on a wide spectrum of real estate transactions, including developments, financings, single asset and portfolio sales and acquisitions, leasing, like-kind exchanges and title insurance.

With more than 100 real estate lawyers based in seven southeastern states, we are uniquely positioned to handle multi-state transactions and financing for clients throughout the region. We bring to large and complex transactions the speed, efficiency and responsiveness which only deep familiarity and experience with local real estate markets makes possible.

Clients. Our real estate lawyers represent large and small developers, retailers, investors, institutional lenders, contractors, owners, landlords and tenants.

Types of projects. Our clients include large and small industry participants that have an investment stake and that develop and finance a wide variety of retail, health care, office, condominium, multi-family, industrial, hospitality, mixed-use, economic development and urban renewal projects.

Development – retail and condos. Our long relationships with retailers and developers keep us attuned to the evolving needs and challenges of the retail industry. We represent developer clients in assemblages, entitlements and financings, and developers and tenants in all aspects of commercial lease negotiations. We have significant experience in liquor licensing, parking, access and signage rights, REA agreements, and redevelopment of industrial and retail sites. We advise condominium developers on a full range of relevant issues related to the acquisition, development and conversion of residential properties, including establishment of the condo regime, registration requirements, due diligence considerations, including warranties and construction defects, and association operation issues.

Real estate finance. We advise clients regarding methods and alternatives in real estate financing, and we assist in the structuring and documentation of a wide variety of financing vehicles, including mortgage financings, contracts of sale, sale-leasebacks, construction loan facilities, bond financings, mezzanine financings and equity participations. Our lawyers also have deep experience organizing, advising and financing REITs in various property classifications, including office, retail, hospitality and residential.

Sales, purchases and financing. Members of our team advise clients on real property transactions and financings in all market segments. We advise on the acquisition, ownership and disposition of office, retail, industrial, hospitality, housing and mixed-use developments. With our experience handling a full range of development issues, we are able to anticipate issues that may arise throughout the course of a transaction. We work to structure deals to avoid delays in the pre-closing process, and to avoid surprises after closing.

Representative Matters
  • Represented a leading national wireless communications carrier in connection with its network buildout, including leasing, licensing and disposition of real estate assets, upgrading hundreds of communications facilities in the Southern United States, small cell deployment and implementation of distributed antenna systems (DAS).

  • Represented an opportunistic retail real estate investor, advising it on the acquisition of a 50% interest in an entity in default of its loan, whose single asset was an approximately 430,000 square foot retail center.  The transaction included an equity investment into the existing borrower and new debt.  The acquisition included structuring a joint venture with another investor, negotiating a loan acquisition agreement with the lender and negotiating a property acquisition agreement with the borrower for a simultaneous on those two acquisitions.

    (2011)
  • Represented a national real estate developer and managed all aspects of 50+ acquisitions annually throughout the United States for development as commercial retail stores, including handling all due diligence, negotiating and drafting documents, resolving title and survey issues, and negotiating tax and infrastructure incentives.

  • Represented a major real estate developer in its merger with a publicly traded REIT, which involved in excess of $500 million with projects located in 12 states.

  • Represented a major real estate developer in its merger with a publicly traded REIT, which involved in excess of $500 million with projects located in 12 states.

  • Served as developer's counsel in the approximate $10 million acquisition and rehabilitation of an 86-unit housing development under HUD's Rental Assistance Demonstration (RAD) Program, utilizing approximately $6.1 million in low income housing tax credit equity, HOME Funds, Affordable Housing Program Funds, conventional construction lending and conventional permanent lending. The development was supported by a commitment of housing authority subsidy via Section 8 Project Based Vouchers converted under the RAD Program.

    (2016)
  • Represented a public school district in the purchase of 56 acre office campus in metro Atlanta for a new public high school.

    (2011)
  • Development of production facility in North Georgia for Spanish based manufacturer of material handling equipment.

    (2012)
  • Served as real estate counsel for the acquisition of several merchant power plants ($200 million to $250 million each).

  • Served as landlord's counsel for numerous 50,000 to 100,000 square foot warehouse leases, including leases to Fortune 500 companies for regional distribution centers.

  • Rezoning and land use entitlements for major industrial projects.

  • Represented a client in the acquisition of a portfolio of medical office buildings in Nashville, Tennessee with an aggregate value of approximately $80 million.

  • Negotiated land acquisition for and development of three golf course projects in Tennessee.

  • Negotiated the land assemblage and development of a 1,000-acre industrial park for a governmental entity established by 3 Tennessee counties.

  • Represented a client in the sale of a portfolio of medical office buildings in Knoxville, Tennessee, with an aggregate value of approximately $65 million.

  • Represented a national health care REIT in the development, acquisition and leaseback of hospital facilities throughout the United States in transactions exceeding $1 billion.

  • Represented a real estate investor in connection with its investments in a hotel redevelopment project and a multi-use commercial real estate project.

  • Served as lead counsel to a 501(c)(3) foundation, which focuses on biosciences, in the closing of construction financing for a specialized laboratory facility which involved traditional financing, new market tax credit financing and a payment in lieu of taxes transaction.

  • Served as lead counsel to a 501(c)(3) foundation, which focuses on biosciences, in the closing of construction financing for a specialized laboratory facility which involved traditional financing, new market tax credit financing and a payment in lieu of taxes transaction.

  • Represented commercial real estate developer in the sale of its portfolio of multi-family apartment communities in the Southeast.

  • Represented a national health care developer in the development and leasing of medical office buildings and hospital facilities.

  • Represented a developer in the development of multi-use student housing projects in Alabama, Georgia, Mississippi and North Carolina.

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[Baker Donelson's Real Estate Group is known for] fantastic performance, with excellent success rates, but client service is their main strength. Everything I need is taken care of.

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