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Real Estate Litigation

Mayer Brown has the strength, experience and depth to advise and deal with the most complex real estate litigation matters for our clients.

Mayer Brown provides comprehensive advice and represents clients in litigation, arbitration and judicial reference proceedings involving real property and related disputes. We also frequently provide preemptive advice to our clients to reduce litigation risk. Mayer Brown works closely with our clients to identify their objectives from the beginning so that we can provide clear, proactive and commercial advice and together formulate a strategy that achieves their goals.

Mayer Brown has a wealth of experience resolving matters so as to maintain or increase the value or usefulness of our clients’ real estate assets and investments. Our team of real estate litigation lawyers is fully integrated with other Mayer Brown practices, including Real Estate, Restructuring, Bankruptcy & Insolvency, Banking & Finance, Environmental, Construction & Engineering, Insurance, and Professional Liability. We frequently work closely with colleagues in these practices to draft appropriate provisions and provide strategic advice related to deal structures and terms. As a result, Mayer Brown is able to assist clients facing complex issues and seeking innovative solutions.

We represent major residential mortgage-backed security (RMBS) and commercial mortgage-backed security (CMBS) issuers, underwriters, trustees and servicers in state and federal securities actions across the United States. Our experience litigating contract and securities actions based on mortgage-backed securities on behalf of multiple parties provides us with industry-leading knowledge concerning all aspects of these disputes, such as the rights of the parties under pooling and servicing agreements and indemnification and repurchase obligations and contractual obligations. We also have deep experience responding to SEC and state AG investigations arising out of RMBS transactions.

Mayer Brown also litigates and provides strategic advice on all aspects of property-related disputes, including insolvency and distressed-asset matters, real estate finance disputes, leasing, development, receiverships, foreclosures and other means of enforcing security over real estate assets.

We act for clients with disputes arising from a wide range of real estate relationships. These include landlord/tenant, lender/borrower, joint venture/partnership/limited liability company, servicers/special servicers/master servicers and trustee/investor disputes. We also advise on insurance-related and professional indemnity matters within the real estate sector.

Other areas on which we counsel include:

  • Commercial rent review
  • Termination of leases, including break options
  • Rights to light issues
  • Terminal dilapidations and other disrepair and reinstatement claims
  • Possession, trespass and nuisance claims, including injunctions against protestors
  • Property contract drafting
  • Business tenancy renewals
  • Landlord and tenant disputes, such as tenant defaults, landlord’s consent issues and service charge claims
  • Restrictive covenants and easements
  • Claims under property contracts, including conditional sale and overage agreements
  • Disputes arising out of the Americans with Disabilities Act of 1990 (ADA)

See Property Rights for information on the legal services we provide in property rights disputes.

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