Lending Institutions / Asset Assessments
On This Team
Legal & Transactional Due Diligence
Rose Law Group will provide all facets of legal transactional due diligence from title examination, to contract evaluation, tax implications, environmental issues, possibilities for individual deal restructuring, entitlement assessments to conclude how best to create the best possible performing asset for each real property asset in the portfolio. We will also provide further pertinent information to assist with a potentially unfavorable appraisal, satisfy regulator concerns through assessment or pre-foreclosure/sale restructuring, create an assessment showing appreciation potential for the asset, structure any potential non-foreclosure/sale strategies, provide assessment documentation that foreclosure/sale in certain instances is necessary/desired, devise a strategy for the asset that will yield the most profit over a specific time frame, examine construction loans and assess options for increasing value or removing the asset from the balance sheet in the most economically advantageous manner.
Loan Workouts/ Assessment of Potential and Implementation of Work-Out
We will also provide options for potential work-out strategies for REO or special asset manager to consider and the team will be prepared to implement this if financial institution chooses this option. Our transactional real estate practice has been engaged by major financial institutions, regional banks, land developers, and home builders in connection with restructures and workouts of all types of financings. Our legal team has extensive experience representing private, institutional, governmental and quasi-governmental clients in dealing with troubled real estate projects. Our real estate attorneys have worked with lenders in connection with loans secured by real estate assets of all types, both in pre-and post-default scenarios, where the borrowers are threatening or have sought bankruptcy protection. We have counseled commercial landlords in connection with bankruptcy petitions filed by tenants. We also have advised general contractors and construction managers on construction projects where the bankruptcy of a subcontractor or developer raises real estate as well as bankruptcy issues. Our team can advise and implement on all types of acquisitions, dispositions, restructurings, other realization on collateral and has worked with all types of security instruments, as well as creditors' arrangements and receiverships, both as part of and outside bankruptcy, insolvency and asset realization, and recovery proceedings
Zoning, Land Use/Planning, Entitlements
Typically, lenders will consult with a financial type consultant on assets, but as each real estate asset is unique, and the performance of that asset must be analyzed from a land use/deal/zoning/platting, perspective. A borrower or seller who says they have “entitled property” or “paper lots” may be very much oversimplifying (and over-valuing) their property. In all of these instances, little details mean a lot for true realizable land value. The documents granting your approvals have to be studied, federal regulatory schemes complied with (404 issues, etc), development agreement terms, ordinance provisions reviewed, etc. It is impossible to make a good business decision on the potential disposition of land if you do not have all of this information. Our team will be able to bring additional relevant information to the appraiser. if for example, a property in the portfolio has a development agreement that gives the land value but that is set to expire in some months, the team will highlight this asset and suggest immediate action for value preservation.
Construction Management, Project Management, Planning/Design
Rose Law Group offers comprehensive planning, project and construction management services which will allow the Team to not only assess your real property assets but suggest cost saving and detailed approaches to adding or preserving value in terms of the integrity of the structure, the planning or re-planning of the raw land, or other value enhancing measures that could be taken for single family homes or currently non-performing assets. Our team of project and construction managers has a combined 40+ years of industry experience. They have extensive engineering and private development backgrounds and have managed development projects for some of the largest builders and developers in the region, including Pulte Homes/Del Webb, Fulton Homes, KB Home, Opus West Construction, and Westpac Development Corporation. The Team has the ability to effectively manage projects and provide analysis from acquisition and due diligence, through creating complex pro-formas, working through entitlements and on to actual land development. They will pro-forma the project, then value engineer all improvement plans and associated reports (i.e. drainage, traffic) during the municipal process to reduce costs and time during the construction process. This service also includes the bidding and contracting process and the management of invoicing and budgets. A project schedule is created and updated at intervals dictated by the client and all trade contractors are held accountable to meet the schedule.
Also, our field team will oversee the day-to-day operations of construction activities through site visits, meetings with trade contractors and inspectors, and a thorough investigation of the workmanship. In conjunction with the construction management, our onsite staff will maintain Storm Water Pollution Prevention Plan (SWPPP) and Dust Control Logs and manage the corresponding permits. We offer the turn key service of converting the permits to the new owners, establishing the necessary SWPPP and Dust control plans, set up regular inspections to remain in compliance, post and maintain all necessary signs, install and maintain all necessary BMPs, and deal with weed abatement and illegal dumping per local city ordinances. In addition, we can perform other maintenance or repairs that may be necessary during the course of the project management such as erosion control, removal of model home site work (parking lots, additional walkways, etc) to make models ready for sale. The Team is committed to managing a streamline process of agency and contractor relations while integrating the proper communication necessary to allow the project owner to make the most economical decisions applicable.
