|
Real estate is a thread that weaves itself through many of the practice
groups at Lanahan & Reilley. We are highly competent, with specialized
practice areas touching all facets of real estate. We assist property managers,
brokers, companies and individuals with their real estate development, sales
and leasing as well as financing, investment acquisitions and dispositions.
We advise on all facets of Section 1031 exchanges for the investor. We represent
companies in connection with their business operations and with structuring
complex transactions representing buyers or sellers.
VINEYARDS AND WINERIES
Our wine business group handles the acquisition and disposition of wineries and
vineyards in the real estate area. Attorneys in the group have handled such noted
transactions as the sale of the Christian Brothers Winery to the Culinary Institute
of America, and competitive bidding for the JJ Cohen Estate. The latter transaction
established a record price for Napa Valley vineyard acreage. We handle regulatory issues
involving state and federal laws as well as local ordinances.
CONSTRUCTION DEFECT LITIGATION
Our litigation department excels in this area with many victories in jury trials as
well as arbitration and mediation. Each of our offices has extreme depth and experience
representing owners, contractors, developers, builders and their insurance companies in
this complex and ever-changing area of the law. Our attorneys are often guest lecturers
at seminars on construction law.
MORTGAGE FRAUD AND CREDITORS RIGHTS
Lanahan & Reilley has one of the largest mortgage fraud practices in the country. We
represent institutional clients as plaintiffs and defendants in litigation to protect
and preserve their rights. We also provide counseling to mortgage associations.
COMPLEX REAL ESTATE LITIGATION
We have prosecuted and defended cases relating to all aspects of real estate, including
purchase and sale transactions, title insurance and escrow problems, real estate broker
defense, broker commission disputes, seller and/or broker misrepresentation, commercial
and residential construction disputes, boundary disputes, mechanics' lien claims, unlawful
detainer/eviction, rent control disputes, tenancy in common disputes, homeowner
association disputes and interpretation of real estate contracts.
Our real estate litigators also counsel clients to avoid litigation and represent clients
in alternative forms of dispute resolution such as mediation and arbitration. We work
closely with expert consultants to identify and isolate issues giving rise to disputes and
to determine early avenues for settlement. We have successfully handled multiparty, complex
litigation concerning flaws in structural, electrical, engineering, landscape design, roofing
and framing defects, and soil, foundation and grading problems.
ENVIRONMENTAL AND LAND USE PLANNING
We counsel clients through the complexities of local, state and federal laws in land use
planning and environmental issues. When necessary, we are able litigants in this
ever-changing legal area. We represent the largest land owner in the state of California
for environmental and land use planning issues.
REAL ESTATE DEVELOPMENT AND PARTNERSHIPS
Successful development and ownership of real estate involves the careful assessment of
tax issues when entities are formed, whether as limited partnerships, corporations or
limited liability companies (LLCs). The Lanahan &Reilley development and partnership
group works closely with clients and their CPAs to ensure that the clients' investments
are optimized, both in terms of liability and tax matters. Equally important is our
attention to the rights and obligations of partners to each other. These matters
include buy-out provisions, restrictions on transfer, and capital account issues. We also
work closely with our developer clients to secure financing packages of almost any size.
Recently, two of our attorneys assisted a client in securing a $100,000,000 revolving
loan to provide capital for future acquisitions in 15 states.
BANKRUPTCY AND CREDITORS' RIGHTS
This department represents a national roster of major mortgage bankers and servicers in
the litigation and default servicing areas as well as hard money lenders, credit unions,
individual investors, and U.S. Small Business Administration. Clients are represented in
both residential and commercial transactions, including the creditors' rights in
attachments, bankruptcy, collection, evictions, foreclosure, litigation, loss mitigation,
probate, real estate, receivership, and title claims. The attorneys in this department
have successfully obtained receivership appointments, pre- and post-judgment attachments,
relief from stay, non-dischargeability of debts due to fraud, dismissal of bankruptcy
plans, non-confirmation of bankruptcy plans, possession of client's property or security
and recovery on their claims. Successful matters include obtaining a stipulated judgment
for the non-dischargeability of a loan at mediation, saving the client the cost of a
trial; having a receiver appointed over a multi-unit commercial property and having
the appointment confirmed during foreclosure and after the bankruptcy filing of the
borrower; and relief from stay against both the debtor and property along with sanctions
up to $10,000.00 for abusive, repeated bankruptcy filings. Our attorneys are often
guest lecturers and have spoken before industry groups and the legal community
including the California Mortgage Bankers Association, Credit Professionals
International, the Credit Managers Association, the Mortgage Bankers Association
of America, the Residential Funding Corporation, and the Lorman Institute.
LANDLORD/TENANT
The real estate group assists clients with negotiation of commercial, industrial and
residential leases. We provide business counseling to our clients, whether landlord or
tenant, as to the current state of the marketplace and the nuances of lease clauses that
may have substantial economic impact on the client. When necessary, our team excels in
lease disputes, whether through alternative dispute resolution or litigation.
HOME OWNERS ASSOCIATIONS
We have experienced lawyers in each office who represent condominium home owners
associations throughout the state. Representation includes the initial setup and
structure, counseling the new boards on operation of the association, and dealing with
CC&R violations.
SPECIALTY REAL ESTATE
We represent hotel owners and managers, golf course operators, convention centers, spa
operators, and restaurants and bars throughout the state. We advise on franchise
agreements, licenses and regulatory matters for all of these businesses.
Contact Information:
| 
