More About This Practice

Balch & Bingham attorneys offer our clients a wealth of experience in a broad range of real estate related matters including acquisitions and sales, development and finance, lending, leasing and land use regulation. The firm has been responsible for or significantly involved in many of the major real estate acquisition and sale transactions in Alabama and Mississippi. Our lawyers in the Real Estate Practice work with lawyers in other practice areas providing supporting expertise in areas of entity selection and formation, tax, environmental issues, creditors' rights and restructurings, landlord/tenant disputes, eminent domain, real property and title litigation and tax-exempt lending and financing.

Real Estate

  • Acquisitions and Sales: We have worked with private and industrial investors, financial institutions, utilities, manufacturers, public entities and other entities in acquisitions, development and sales of shopping centers, office buildings and other commercial properties; large tracts of land for timber cultivation, hydroelectric reservoirs and residential, commercial and industrial communities; utility easements; casinos; communication towers and a myriad of commercial and industrial owner occupied facilities.  We have facilitated numerous like-kind exchanges as well.
  • Development and Finance: Balch has broad experience in the development and financing of major office buildings, casinos, industrial parks, major shopping malls and residential subdivisions of all sizes, including several multi-thousand acre mixed use developments.
  • Land Use Regulation, Smart Growth Development & Form-Based Coding: We work with clients in various land use regulation areas such as zoning, subdivision, annexation and right-of-way matters.  The Firm is a leader in working with developers on greenfield development and infill redevelopment of compact walkable mixed-use communities.  We also consult with municipalities in their efforts to update their land development ordinances to provide Transect and form-based codes. 
  • Leasing: Our real estate leasing work includes the drafting of leases for landlords of office, retail and other commercial and industrial properties.  The Firm represents both landlords and tenants in the negotiation of commercial leases and ground leases.

Lending

Credit transactions are a core part of our firm's practice. Our clients include borrowers of all types as well as regional banks, community banks and finance companies, in all parts of the country. The transactions we handle include every sort of lending product offered by a financial institution, including:

  • Bank credit facilities, both single lender and syndicated
  • Letter of credit and other credit enhancement transactions
  • Loan participation agreements
  • Loan transactions secured by all types of collateral;

Responding to demand from both borrower and lender clients, Balch's lending and credit lawyers offer experience in several specialized forms of lending transactions:

  • Real Estate Finance: Balch attorneys have extensive experience representing lenders and developers in construction and acquisition financing for real estate projects throughout the United States. 
  • Tax Credit Projects: We represent lenders and borrowers in financing projects that qualify for the federal affordable housing and other federal and state tax credits. The documentation for these transactions requires particular knowledge of the operation of the tax programs and the process for obtaining and selling the tax credits for a project. 
  • Asset Based Lending/Working Capital Finance: Our attorneys represent both lenders and borrowers in loan transactions that are secured primarily by accounts receivable (including healthcare receivables) and inventory of the borrowers. Such transactions require expertise in UCC Article 9 and other laws protecting lenders in secured transactions. 
  • Consumer Lending: Our practice includes in-depth work for consumer lenders, including form development and review, coordination of multistate compliance efforts, and structuring of new products and programs. 
  • Aircraft Finance: We regularly negotiate and document financing for aircraft and other specialized collateral and are familiar with the special FAA and Cape Town international treaty requirements for perfection of liens on aircraft. 
  • Factoring: We regularly advise factors and their customers on the structure and documentation of factoring arrangements. 
  • Consignment: Our clients regularly seek our counsel on protecting their interests in consigned inventory from competing claims.
  • Structured Finance: Attorneys in Balch's Real Estate Practice represent clients in structuring, negotiating and closing structured finance transactions. "Structured finance" encompasses a wide variety of financial arrangements that serve to efficiently refinance and hedge loans that have already been originated. In these transactions, a pool of loans is converted into obligations backed by identified cash flows from the performance of the loans.
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