Practice Area

Real Estate & Finance

Success Comes When You Know The Lay Of The Land.

In real estate & finance matters, you have to know the terrain. Who the players are. Where the opportunities lie. Where the minefields are—those hidden surprises that can make or break a deal. Underberg & Kessler’s Real Estate Group knows the territory well. Collectively, we have successfully handled hundreds of transactions from commercial properties to residential homes.

Zoning. Tax assessment. Land use. Environmental compliance. Today, there is no such thing as a simple transaction. Real estate today is complex, requiring skilled and seasoned legal expertise. We counsel clients regarding the structure of transactions to maximize the utilization of various governmental incentive programs. We have in-depth experience in commercial and residential real estate matters for individuals, municipalities, businesses, national retailers and financial institutions.

For more information about Real Estate & Finance, contact Patrick L. Cusato

Chair of Practice Group

Our services include:

Residential transactions
Commercial transactions
Commercial development & financing
Mortgage lending
Commercial leasing
Environmental aspects of real property
Title examination
Land use & zoning
Landlord & tenant matters
Foreclosures
Tax certiorari
Affordable housing transactions
Homeowner associations/condos
Property disputes
Education

Relevant Experience

DEVELOPMENT & FINANCING

Representation of major hotel developer in acquisition, construction, financing and zoning of nationally franchised hotels, including industrial development agency sale-leasebacks, real property and sales tax abatements, securitized financing, franchise agreements, environmental issues and like-kind exchanges.
Extensive experience in representation of institutional lenders, manufacturers, distributors, hotel developers and health care providers with Department of Housing and Urban Development, Industrial Development Agency, Small Business Administration and New York Job Development Authority financing.
Representation of developers to maximize benefits available under various economic incentive programs authorized by federal, state and local laws in connection with private and public development and business expansion.
Representation of developers in assisted, enriched and independent living facilities for senior citizens, including tax exempt and taxable bond financing, low income housing tax credits, industrial development agency sale-leasebacks, real property and sales tax abatements, payment in lieu of tax agreements, and not-for-profit and 501(c)(3) tax exempt status.
Representation of developers of affordable housing units and the related financing, including transactions involving New York State Housing Trust Fund Corporation, New York State Division of Housing and Community Renewal, New York State Affordable Housing Corporation, and United States Department of Housing and Urban Development. Counsel to Housing Development Fund Corporations, and to developers and lenders in low-income Housing Tax Credit transactions.
Representation of institutional lenders in residential and commercial lending, including construction and permanent mortgage financing of one to four family units (conventional and non-conventional, wholesale and retail lending), shopping centers, office buildings, manufacturing centers, hotels, senior living facilities and nursing homes, strip plazas, apartment buildings and farms.
Negotiated and drafted construction contracts for major projects, such as expansion construction of a local hospital and related parking facilities. Representation of developers and institutional lenders in construction loan financing.
Representation of developers in formation and sale of real estate syndications.
Establishment of streamlined systems for site acquisitions for a major retail client and a major telecommunications company.
Extensive knowledge with telecommunications leases. Representation of a national telecommunications company in over 500 leasehold and fee title acquisitions.
Representation of numerous municipalities and other entities in lease and license transactions for both lessor and lessee (including co-location agreements) pertaining to telecommunication antennas and other facilities.

ENVIRONMENTAL ASPECTS OF REAL PROPERTY

Experienced in the review of environmental assessments, NYSDEC and NEPA regulatory practice, and environmental remediation of commercial sites.

ZONING AND LAND USE

Representation of developers and municipalities on all issues of zoning law, including local agency and appellate practice.

RESIDENTIAL TRANSACTIONS

Annually represent hundreds of clients in purchase, sale, construction and refinance of their homes.

TITLE EXAMINATION

Experienced in all phases of real estate title work, including examination, certification, and related proceedings and litigation. Represent a major title company in title claim matters. Our attorneys are licensed by the New York State Department of Financial Services as title agents.

LANDLORDS & TENANTS

Representation of both landlord and tenant in commercial leasing of shopping centers, retail chain stores, telecommunications towers, medical buildings, hospitals and government agencies, including direct leasing, subleasing, leaseback and ground leases. Experience in lease termination and eviction.

FORECLOSURES

Representation of institutional lenders, banks and insurance companies in major commercial foreclosure of shopping centers, sports facilities, marinas, hotels, retail and commercial buildings, apartment complexes, condominiums and residential dwellings. Participated in major workouts and deficiency actions.

TAX CERTIORARI

Representation of taxpayers and municipality in successful tax certiorari proceedings for large apartment complexes, warehouses, manufacturing facilities and homesteads.

HOMEOWNER ASSOCIATIONS/CONDOS

Experienced in condominium law, having participated in the formation or conversion of numerous residential and commercial condominiums and the establishment of homeowner associations and their respective governance.