Real Estate and Real Estate Finance 


Hughes Watters Askanase has been helping financial institutions, businesses and individual investors with every facet of the acquisition, disposition, financing, development, leasing and operation of all types of real property for more than a quarter century.

We provide informed counsel to clients acting as landlords and tenants, buyers and sellers, borrowers and lenders, investors, developers, contractors and engineers on matters that vary in size and complexity.

We invite you to contact Gary Gunn, co-managing partner of HWA and head of the Real Estate and Real Estate Finance Practice Area, or any other attorneys in this practice area, for information and assistance. You can also review our attorney profiles and presentations that are available on this site, as well as the informative white papers below.

Lending

Our attorneys have extensive experience in negotiating, structuring and closing various commercial loans secured by real estate. Our experience and expertise enables us to assist our clients with the most complex transactions and to anticipate and address transaction issues before they become problematic. We have represented clients in many types of loan transactions, including:

  • Acquisition Financing
  • Asset-Based Lending
  • Bridge Financing 
  • Construction Loans
  • Debt/Equity Financing
  • Development Loans
  • Leasehold mortgages
  • Like-kind tax deferred exchanges
  • Loan Restructuring and Bankruptcy
  • Loans Secured by Multi-Family Projects (including Freddie Mac and similar programs)
  • Refinancing
  • Tenant-in-Common (TIC) transactions

Acquisition and Sales Transactions

In addition to advising clients about land use, environmental issues, platting, permitting and related matters, Hughes Watters Askanase has substantial experience in representing buyers and sellers in a diverse range of real estate sales transactions, including:

  • Apartment Projects
  • Condominiums
  • Golf Courses and County Clubs
  • Hotels and Resorts
  • Industrial and Manufacturing Facilities
  • Mixed-Use Developments
  • Office Buildings
  • Owner-Occupied Facilities
  • Residential Developments
  • Sale-Leaseback Transactions
  • Self-Storage Projects
  • Shopping and Retail Centers
  • Unimproved land

Construction and Development

Our attorneys have represented owners, architects, construction managers, engineers, general contractors and subcontractors on all aspects of construction and development; including:

  • Acquisition, construction and permanent financing
  • Contracts with architects, contractors, engineers and property managers
  • Joint ventures with debt and/or equity partners
  • Parcel assemblage

 

  

Leasing

Our attorneys have extensive experience serving clients in all aspects of leasing. Our leasing experience and expertise allows us to skillfully guide our clients through the various business issues, legal issues and “silent” issues which arise in leasing transactions. In addition to representation of companies in leasing and maintaining their corporate locations in retail centers or office buildings across Texas, we also regularly represent clients in the following types of leasing transactions:

  • Commercial Office Leases
  • Ground Leases
  • Industrial Property Leases
  • Medical Facilities Leases
  • Mixed-Use Developments
  • Restaurant Leases
  • Retail Leases
  • Subleases, Lease Assignments and Extensions

Real Estate Investing

We have worked with numerous investors to select and create the appropriate legal entities based on investing and operational objectives and needs. These services regularly include representation of clients with regard to private placements of equity, joint ventures, and general and limited partnerships.

Workouts and Restructuring of Non-Performing Loans

Hughes Watters Askanase has represented lenders and borrowers in the workout and restructuring of hundreds of non-performing loans involving commercial, residential and industrial properties and businesses. We also represent lenders and financial institutions in the enforcement of debt obligations, foreclosures and related matters. The firm also possesses substantial experience in Chapter 11 reorganizations, representing debtors, secured and unsecured creditors, creditors’ committees, liquidating trustees, and asset purchasers in all phases of the Chapter 11 process.

Title Curative Work

Our attorneys have resolved numerous title issues for buyers and sellers. From representing them before city governments to working through easement and complex ownership issues, our title curative efforts help transform virtually unsalable parcels into highly marketable properties.

Dispute Resolution and Litigation

We always prefer to help our clients resolve their disputes in the most efficient and effective manner possible. But if it becomes necessary to go to court, our trial lawyers are ready. Our attorneys have prosecuted and defended a wide variety of real estate litigation, litigating everything from complex title issues to condemnations to mechanic’s liens, in a diverse array of venues.


Commercial Real Estate Loan Documentation: Best Practices and Lessons (Hopefully) Learned During the Financial Crisis
The ongoing financial crisis has presented us with a myriad of painful lessons regarding the origination and documentation of commercial real estate loans. This paper addresses the questions arising from these lessons and how we can adapt to a changing economy.

Real Estate Workouts in a "No" Environment: Just Pay Me and Let's Get This Over With
Gary Gunn discusses the current state of the real estate industry and how tough economic times have resulted in distressed real estate loans. Learn how to best negotiate loan workouts and avoid pitfalls.