Real Estate

Sophisticated Advice. Broad Experience. Cross-Disciplinary Approach.

With more than 75 years of experience, Milbank's Real Estate Group blends innovative techniques with expert insights and proven strategies. Our ability to provide comprehensive advice and deal-critical guidance on complex real estate transactions in regional and national markets attracts domestic clients across a range of industries.

Modern real estate practice often requires a multi-disciplinary approach. We routinely work with Milbank attorneys across offices and practice areas, including Corporate, Finance, Financial Restructuring, Tax, Trust & Estates and Environmental, to effectively assist our clients. With Real Estate attorneys in our New York and Los Angeles offices, our Real Estate Group is strong and cohesive from coast to coast. Our approach is targeted and cost effective.

Our expertise advising lenders, investors, property owners, borrowers and tenants includes:

REAL ESTATE FINANCE

We are pioneers in cutting-edge real estate financing techniques and our reputation of being a premiere provider of legal services crosses every aspect of real estate financings. Our attorneys work on an array of complex finance and mortgage transactions in any of the fifty states, as well as multi-state secured financings.

Some of the areas in which we are active include:

  • Syndicated lending
  • Loan portfolios
  • Mixed debt and equity financings
  • Formation of LLCs, partnerships, REITs and other equity structures in connection with development of properties or ownership of mature properties
  • Sale and Lease / Leasebacks of office, commercial, industrial and alternative energy properties

PROJECT FINANCE

Milbank’s Project Finance Group is the preeminent project finance practice in the world and is widely recognized for sophisticated, innovative transactions.  Many of these transactions have large real estate components that trigger complex property issues, and our expert Real Estate lawyers have the experience necessary for such large projects. We represent lenders and developers in traditional cogeneration and infrastructure projects as well as wind, solar and other renewable energy projects.

Notable recent transactions include representing lenders financing a submarine transmission line to connect the New Jersey electric grid to New York City’s electric grid and the sponsor of the 1,600 acre California Valley Solar Ranch 250 MW photovoltaic facility. Our attorneys also represented lenders in the financing of the Bayonne Energy Center, which was named “Americas Power Deal of the Year” by Project Finance International and the “North America Single Asset Power Deal of the Year” by Project Finance

TITLE INSURANCE

Long-established relationships with national title companies, innovative work with title endorsements and general underwriting practices further distinguish the Milbank Real Estate Group from many other law firms. Our attorneys work creatively with contacts in national offices to develop new endorsements to cover risks that would otherwise derail a transaction. Our disciplined, in-depth approach to negotiating title insurance policies adds significant value to our client representations. 

RESTRUCTURINGS AND WORKOUTS

We have vast experience negotiating and documenting highly complex, and often high profile financial restructurings and workouts involving real estate secured debt, both inside and outside of bankruptcy. We have represented parties in transactions and cases of every kind and at all levels of complexity. Our representations include Station Casinos LLC and the creditors committee of Lehman Brothers Holdings, Inc.

LEASING

Our attorneys represent tenants and landlords in negotiating office, industrial, and commercial leases ranging from large corporate headquarters to hotels and restaurants. Through Milbank’s Pro Bono Group, we also represent non-profit organizations in negotiating leases for office space. Notable recent leasing representations include representing a corporate tenant in the first private lease at the redeveloped One World Trade Center, allocating roughly 190,000 square feet to the tenant and a projected move in date of 2014.

ASSET SALES AND DISPOSITIONS

Our Real Estate attorneys work closely with our Corporate Group on mergers and acquisitions, transaction structuring and the sale and purchase of real estate assets of every class across the United States. From inception to close, we handle substantive real estate matters, including examination of all related real estate documentation, negotiation of title insurance, reviewing, drafting and negotiating contracts for asset sales and dispositions. 

HIGH-END RESIDENTIAL

In New York and across the United States, we advise clients on the various aspects of ownership, purchase, sale and leasing of multi-million dollar residential properties. Our comprehensive services include pre-contract due diligence review, contract drafting, review and negotiation.  Our Real Estate attorneys also work with our Trust & Estates Group to render advice on the practical steps and legal considerations on the real estate aspects of estate planning.  And, we handle drafting, review and negotiation of construction and architectural contracts on residential properties ranging from the very simple to gut renovation projects.