REAL ESTATE, COMMERCIAL LEASING AND BANKING                                   
   

The Real Estate, Commercial Leasing and Banking Practice Group represents a highly integrated set of services for owners, developers and financial institutions. Where appropriate, our work with clients includes supplementary services, such as business or tax planning, among others, to ensure the success of your firm. As counsel, we also represent in-state firms doing business out-of-state, and out-of-state firms whose enterprise brings them to New Jersey . The firm’s clients include:  

  • Commercial owners and developers of commercial, residential, office, industrial and shopping center properties

  • Landlords and Tenants

  • Residential buyers and sellers

  • Financial institutions including banks, savings and loans, and insurance companies

  • REITS

The experience and specialized knowledge of our attorneys assures clients that we can undertake virtually any assignment and complete it efficiently and cost effectively. In addition to our regular client work, members of our practice group host industry conferences, client and technical seminars, speak at industry associations, and publish in the field.  

I.  Real Estate

Representation of Commercial Developers and Owners

 Our firm represents commercial developers and owners and we regularly handle complex purchase and sale transactions, short and long term leases, including ground leases, joint ventures, and development projects. We represent real estate owners, including a publicly held Real Estate Investment Trust, in substantial and sophisticated financial transactions. We negotiate with banks and other lenders on legal and business issues relating to these transactions.  

Environmental Law  

We represent clients in environmental litigation, as well as in regulatory and transactional matters. Our attorneys counsel both in-state and out-of-state clients on the environmental implications of transfers of property and businesses, and assist in compliance with New Jersey environmental regulations, including the Industrial Site Recovery Act (ISRA). We represent businesses before the Hackensack Meadowlands Development Commission and New Jersey Department of Environmental Protection with respect to solid waste and recycling permits. Our attorneys have successfully litigated diverse environmental matters, including the establishment of responsibility for landfill clean-up, and tax abatements for asbestos contaminated property. Partner Michael G. Stingone leads this practice area and is noted for his work in environmental cost recovery. His article, “Beware Pitfalls When Settling Environmental Insurance Claims,” was published by New Jersey Law Journal in 2003.  

Land Use Regulation  

We appear before zoning boards, planning board, and governing bodies on behalf of landowners and developers. Our attorneys have represented shopping centers, department stores, office buildings, multiple family and health care facilities in contested zoning and land use matters. We regularly litigate real estate and land use issues in the trial and appellate courts.  

Real Estate Tax Appeals  

Our attorneys assist businesses and individuals in reducing real estate property taxes. In a case of first impression, we were able to obtain a very substantial reduction in the tax assessment for an office building facing costly asbestos removal expenses.  

Residential Real Estate  

We actively represent individuals in the purchase, sale, financing and refinancing of residential properties. We also serve as review counsel for financial institutions in the closing of residential mortgage loans.

II.  Commercial Leasing

Commercial leasing transactions are driven as much by velocity as by insightful attention to every detail. Key additions to our professional staff in 2004 ensure that ensure that swift turnaround is cautioned by the experience of our nationally recognized attorneys. We represent landlords and tenants in all commercial settings, commercial, industrial and residential, in all phases of development from acquisition and financing to environmental cost recovery, in both transactions and litigation.  

The Chair of the Commercial Leasing section, Richard R. Kahn, was selected by peer review and recommendation for inclusion in the Chambers USA Directory of America’s Leading Lawyers for the 2003 and 2004 editions. He is widely known for his expertise in supermarket, office and shopping center leasing and is a member and speaker at the International Council of Shopping Centers. Partner Richard D. Wolloch was real estate counsel at Pathmark Supermarkets before entering private practice. He has significant experience in retail real estate, financing for both borrower and lenders, and post conversion coop offers. His article, "Negotiating Commercial Mortgage Commitment Letters," was published in New Jersey Law Journal in 2003. Both Richard R. Kahn and Richard D. Wolloch are admitted to practice in New Jersey and New York .  

III.  Banking Services  

Throughout our history, we have served as counsel and general counsel to some of New Jersey ’s leading financial institutions, providing services to those institutions’ lending, workout, corporate trust and trust departments.  

Commercial Mortgage and Asset-based Lending  

We represent commercial banks, savings and loan associations and insurance companies in an array of lending work, such as land acquisition, construction and permanent loans: asset-based financing, and revolving credit arrangements based on inventory, accounts receivable, equipment or other security. Our attorneys are experienced in handling all aspects of such transactions, including the negotiation and preparation of loan commitments and loan documents, review and resolution of title matters, analysis of government approvals, and all related compliance issues.  

Workouts  

Under the direction of a former lead counsel for the workout department of a major New Jersey bank, our banking group aids in the resolution of problem loans and avoidance of lender liability, using our legal skills and our practical and perceptive understanding of related real estate and business issues. If a satisfactory resolution cannot be reached, we advise clients with respect to bankruptcy related matters or we pursue foreclosure and collection proceedings.

Practice area members: Joseph L. Basralian, Gary S. Redish, Richard R. Kahn, Thomas J. Cangialosi, Jr., Bruce R. Rosenberg, Richard D. Wolloch, Michael G. Stingone, Christopher H. Minks, Peter G. Banta, Doreen E. Winn, Jacey A. Raimondo and Joseph M. Vigliotti.

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