Overview

The U.S. economy was in the 84th month of the post-crash expansion when the COVID-19 crisis brought the expansion to a sudden end. The retail sector was already under stress before the pandemic. The new economic reality is likely to increase the frequency of loan defaults, requiring insightful and creative action on the part of lenders and servicers to stabilize loan-related assets, or to efficiently recover and liquidate collateral.

The variables are many and the issues are complex. Traversing this landscape requires a team of experienced attorneys. At KMK Law, we assist secured creditors with all types of real estate collateral and in a variety of scenarios including:

  • Loan workouts and restructuring
  • Chapter 11 bankruptcy
  • Subchapter 5 bankruptcy
  • Commercial foreclosures
  • Receivership cases
  • Distressed loan portfolio dispositions
  • Individual loan or OREO property sales
  • Title insurance matters

The KMK Law Distressed Assets Task Force includes attorneys and members of Riverbend Commercial Title Services, LP, a wholly-owned subsidiary of KMK Law, with significant experience and knowledge of real estate transactions, workouts and restructurings, and bankruptcy litigation. Together we have added value in a variety of settings over the last decade in service to lenders, receivers, and owners of distressed property. Examples include:

  • Structuring out of court loan workouts, loan restructures, and deed in lieu transactions
  • Representing court appointed receivers
  • Managing commercial foreclosures involving complex assets in multiple jurisdictions
  • Insuring dozens of transactions involving restructured loans, bankruptcy sales, distressed portfolio sales, and court approved receiver sales
  • Representing creditors in foreclosure, receivership and bankruptcy cases, loan collection, and forbearance and loan workout documentation
  • Handling documentation and title clearance on judicial sales
  • Documenting loan portfolio sales and individual loan sales
  • Assisting lenders in navigating regulatory constraints on the recovery and management of real property collateral

In addition, if the client and legal team identify special problems in managing and disposing of an asset, we can call on other KMK practice areas as needed, such as tax, intellectual property, environmental, corporate mergers & acquisitions, and general real estate.

The KMK Law Distressed Assets Task Force always endeavors to provide a seamless handoff, from default, to workout, to court, to sale, and our cross-trained professionals provide efficient staffing in a low overhead environment.

Representative Clients

CASTO

Cincinnati Premier Realty

City West

First Financial Bank

Levental Realty

Towne Properties (Receiver)

WesBanco Bank

Team

News & Resources

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