To be successful in the distressed real estate arena, one thing is clear: good things do not come to those who wait.

In today’s market, the real estate crisis is proceeding on an ad hoc basis. Parties need to take the initiative and uncover opportunities; one cannot rely on the market to produce them. In order to successfully capitalize on these possibilities, your legal team needs to proactively identify potential transactions, strategically determine how to proceed and aggressively carry out the plan.

Brown Rudnick sets itself apart with the ability to understand and identify distressed real estate opportunities. We help to implement plans that give our clients an advantage over their competitors and over other parties involved with the asset or loan. Brown Rudnick determines each client’s specific goals and priorities efficiently and effectively. We do not fall back on a cookie-cutter “one size fits all” approach. The breadth of our practice also has enabled us to represent and understand the different concerns of developers, REITs, special purpose entities, corporations, financial institutions and non-institutional investors.

We regularly represent investors and borrowers who seek our extensive skills in:

  • Analyzing an asset’s capital structure
  • Determining the most viable approach for a potential investment
  • Acquiring distressed real estate assets and loans
  • Supporting Institutional lenders who are faced with under-performing or defaulting loans
  • Restructuring their loans and minimize their exposure

Our broad capital markets’ debt experience is often put to use frequently representing and advising purchasers and sellers on:

  • Purchase and sale of secured or REO property
  • Existing commercial, permanent and construction loans
  • Transactions in appropriate structures including as single assets, in pools or in securitized transactions

With strong capital markets experience, we help our clients navigate:

  • Securitization
  • Performing analysis of Pooling and Servicing Agreements for securitized transactions
  • Identifying the rights of the various creditors and participants

Our team represents clients in workouts and restructurings across the full spectrum of asset classes advising on every aspect of:

  • Loan restructurings
  • Work-outs and assist in structuring all segments of the leveraged finance capital structure
  • Master servicing and special servicing

We advise clients on complicated bankruptcy proceedings and bankruptcy-related financings, including:

  • Significant debtor-in-possession and exit financings
  • Negotiating reorganization plans and identifying and resolving inter-creditor issues

We are an industry leader in distressed commercial debt litigation. Noteworthy matters include successfully obtaining New England’s first federal receivership for defaulted CMBS debt. Clients seek our services in issues such as:

  • Judicial foreclosure
  • Springing recourse guaranty
  • Receivership and lender liability matters
  • Seeking federal receivers on behalf of secured creditors throughout the country

Brown Rudnick’s proven experience in real estate, finance, bankruptcy and restructuring is singularly able to provide clients with the sophisticated, integrated and creative strategies needed to capitalize on opportunities and maximize value.

Our experience includes virtually every type of distressed real estate asset:

Downtown office towers

Regional malls

Shopping centers

Apartment complexes

Office parks



Golf courses

Sports facilities

Nursing homes

Medical facilities

Amusement parks

Distressed Real Estate Group Leaders

Thomas J. Phillips


Boston, MA


Kevin P. Joyce


Boston, MA