Case Studies

Receivership of Retail Property Redevelopment Site

J.S. Held Acquires Shechter & Everett to Expand Forensic Accounting Capabilities for Family Law Disputes in Florida

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The Situation

Our bank client did not want to foreclose on a property with a defaulted loan due to outstanding environmental issues.  The bank had negotiated multiple settlement agreements to allow the borrower to sell the property and pay off the loan, but the borrower was unsuccessful, and the bank had lost confidence in the borrower.  The bank wanted the problem loan off its books.

The bank’s law firm recommended our team to serve as the receiver.

How We Advised

Our experts successfully resolved longstanding, complex environmental issues at a retail strip mall that had defaulted on its loan.  As receiver, our team then successfully sold the property, recouping 100% of the bank’s capital, including all fees and penalty interest.

Obstacles & Our Solutions

  • The property lacked the environmental approvals from the Regional Water Quality Control Board (RWQCB) required to sell it.
    • We worked with environmental consultants and the RWQCB to address approval delays immediately.
    • We created and closely managed a timeline for RWQCB approval and the required deliverables.
  • The income property had existing retail tenants and a vacant building.
    • Our experts took control of the property and all income, collecting rent from existing tenants and engaging a manager to clean up a vacant building.
    • We hired and managed a security service to protect a vacant building.
  • There was an existing contract to sell the property.
    • Our team was required by the judge to determine if the existing sale contract should be maintained. We amended the contract to comply with the Receivership sale requirements and informed the court of its acceptance.
    • We negotiated to obligate the buyer to close the sale, regardless of the timing of the environmental approvals.
    • We negotiated with the buyer, multiple owners of the title, and the bank to obtain approval for the property’s sale.

Related Practice Areas

> Receiverships 
Federal and state courts, creditors, and legal counsel choose our team to serve as Receiver of distressed businesses and real estate entities. We stabilize operations and cash flow, safeguard business assets, and pursue methods to maximize financial recovery. Our multidisciplinary team applies a wide breadth of restructuring and industry experience as Receiver to take control of companies facing financial, operational, and legal issues. 
 

 

> Solutions for Distressed Situations 
We deliver integrated solutions for distressed and insolvent businesses that maximize recovery, mitigate risk, and restore enterprise value. Our experts are retained to help distressed organizations stabilize operations, protect stakeholder interests, and execute turnaround strategies. We take an operationally-focused approach that looks beyond the balance sheet to minimize further degradation and build a path to sustainable growth. 

Key Contact

For additional information about the engagement or to learn more about our services, contact:

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