Commercial Real Estate Finance

Our attorneys have broad capabilities in real estate financing, restructuring, and enforcement.

We serve a wide variety of clients in real estate finance, including regional and national banks, financial institutions, mezzanine lenders, savings and loans, registered investment advisors, insurance companies, and permanent lenders. Burr & Forman has the experience and expertise to handle transactions across all asset classes in a business-friendly and cost efficient manner. 

Our attorneys are involved from the initial steps of term sheets, planning and zoning through the important steps of documenting of the real estate loan facilities, to the completion of the project, as well as the workouts and restructurings that arise during economic downturns. 

Our attorneys stay updated on the latest transactional and regulatory trends in structuring deals, lender liability, and litigation, in order to advise clients on all aspects of commercial lending. The commercial real estate finance team also works closely with other practice areas at Burr, including tax, bankruptcy and creditors’ rights, healthcare, hospitality, ERISA, environmental, securities, banking regulation, and litigation/dispute resolution to ensure full compliance with all regulatory lending requirements and to best protect our clients’ interests.

Our commercial real estate finance practice includes experience in the following:

Land Acquisition Financing

There are many challenges to completing a successful land acquisition transaction–from choosing the right financing, to negotiating and closing the deal, to integrating the new owners into the property. At Burr, we have built a track record of amicably and effectively representing financial institutions with the issues involved in borrowers’ initial acquisition of various types of property, including vacant land, timberlands, farm lands, and all types of improved properties.

Construction Finance

The firm has extensive experience in advising financial institutions in closing construction loans, including facilities used to construct multi-family residential developments, mixed-use projects, planned unit developments, office buildings, retail properties, warehouses, health care facilities, hotels, and industrial facilities. Burr’s Construction Finance team is skilled in effectively securing lenders’ positions by delving deeply into the details of the construction projects, including construction contracts, subcontracts, project management agreements, operational management agreements, contract administration, municipal concerns, environmental issues, title problems, leasing, and all other aspects of the construction process.

Permanent Finance

The firm has extensive experience in permanent loan financings which arise once a construction project is complete or a project has been acquired. As a loan transitions from a short term facility to a longer term arrangement, borrowers may be sensitive to new terms and the issues it may encounter with new providers. Our attorneys are experienced in navigating the move smoothly while zealously representing the permanent lender’s interests.

Sales and Leasebacks

Our attorneys are knowledgeable in the various phases involved in sales and leaseback transactions, including the purchase of the premises, sales to related or unrelated third parties, 1031 exchanges, and the final leasing of the premises back to the original land holder. We work closely with our tax experts in order to ensure the financial benefits of the transaction are realized.

Construction Disputes

Disputes frequently arise in the construction industry and Burr’s Real Estate and Construction teams are experienced in managing financial institutions', contractors', or owners' claims, and the resolution of disputes, including cost overruns, mechanics and materialmen's liens, retainage issues, and Prompt Pay Act concerns. We advise clients on the most economical and creative methods of resolving disputes. When formal litigation cannot be avoided, we vigorously defend our clients’ interests. In addition to providing advice to mitigate potential disputes, Burr has considerable experience in alternative dispute resolution ("ADR") techniques, including arbitration, mediation, dispute review boards, and mini-trials.

Environmental, Land Use, and Zoning and Planning

Burr has represented clients in environmental matters since the passage of the first Clean Air Act of 1970. Since then, our team has consistently represented clients in ensuring their real estate ventures comply with environmental laws, while addressing zoning issues, and ensuring the project assimilates into the larger land use scheme of a municipality. We specialize in permitting, development, water use, site investigation, and regulatory issues, and are involved in all diligence and planning aspects of developing a project.

Timberlands Finance

Burr represents lenders and borrowers in timberland loan transactions ranging from a few thousand acres in a single state, to hundreds of thousands of acres in multiple states. Our team also represents clients in the purchase and sale of timberlands. These legal services often include other relevant disciplines such as corporate, limited liability company and partnership organization, timber sale contracts, timber management contracts, easements, and timber deeds.

Economic Incentives

The attorneys at Burr are knowledgeable in various types of economic incentive finance, including tax credit and bond financing, conservation easements, state and federal home loans, industrial revenue bonds, and public and private ventures, as well as the letters of credit and other securitizations involved in closing these specialized transactions.

Our Attorneys

Lawrence Ahern, III
Retired Partner ~ Nashville, Tennessee|
(615) 724-3210
(615) 724-3310
Lawrence
Douglas Anderson
Partner ~ Mobile, Alabama|
(251) 345-8209
(251) 706-2401
Douglas
Scott Brown
Partner ~ Tampa, Florida|
(813) 367-5711
(813) 357-3505
Scott
Patrick Clarke
Partner ~ Atlanta, Georgia|
(404) 685-4308
(404) 214-7384
Patrick
Damon Denney
Partner ~ Birmingham, Alabama|
(205) 458-5198
(205) 244-5267
Damon
Matthew Devine
Associate ~ Orlando, Florida|
(407) 540-6679
(407) 386-3457
Matthew
Erich Durlacher
Partner ~ Atlanta, Georgia|
(404) 685-4313
(404) 214-7387
Erich
Gary Farris
Partner ~ Atlanta, Georgia|
(404) 685-4250
(404) 214-7388
Gary
Deborah Fisher
Retired Partner ~ Birmingham, Alabama|
(205) 458-5295
(205) 244-5635
Deborah
Daniel French
Associate ~ Atlanta, Georgia|
(404) 685-4265
(404) 214-7997
Daniel
Jesse Graham, Jr.
Partner ~ Orlando, Florida|
(407) 540-6615
(321) 249-0525
Jesse
W. Benjamin Johnson
Retired Partner ~ Birmingham, Alabama|
(205) 458-5309
(205) 244-5663
Gail Mills
Partner ~ Birmingham, Alabama|
(205) 458-5300
(205) 244-5681
Gail
Dwight Mixson
Partner ~ Birmingham, Alabama|
(205) 458-5280
(205) 244-5682
Dwight
Laura Murphy
Associate ~ Birmingham, Alabama|
(205) 458-5306
(205) 714-6886
Laura
Norman Orr
Partner ~ Birmingham, Alabama|
(205) 458-5142
(205) 224-9453
Norman
James Pratt
Partner ~ Orlando, Florida|
(407) 540-6655
(321) 249-0702
James
Joel (Jay) Price, Jr.
Partner ~ Birmingham, Alabama|
(205) 458-5147
(205) 244-5699
Marion Quina, Jr.
Counsel ~ Mobile, Alabama|
(251) 345-8255
(251) 344-9696
Marion
Jordan Quinley
Attorney ~ Atlanta, Georgia|
(404) 685-4283
(404) 214-7925
Jordan
R. Marshall Rainey
Partner ~ Tampa, Florida|
(813) 367-5761
(813) 357-3521
Robert Rosen
Counsel ~ Orlando, Florida|
(407) 540-6612
(321) 234-0251
Robert
Douglas Stamm
Associate ~ Ft. Lauderdale, Florida|
(954) 414-6586
(954) 660-2560
Douglas
George Taylor, III
Partner ~ Birmingham, Alabama|
(205) 458-5254
(205) 244-5711
George
Kelly Waits
Associate ~ Atlanta, Georgia|
(404) 685-4306
(404) 214-7381
Kelly
Erin Ward
Associate ~ Atlanta, Georgia|
(404) 685-4255
(404) 214-7936
Erin
Donald Warren
Partner ~ Birmingham, Alabama|
(205) 458-5128
(205) 244-5765
Donald
Keith Waters
Partner ~ Orlando, Florida|
(407) 540-6610
(321) 249-0715
Keith
Patrick Webb
Counsel ~ Atlanta, Georgia|
(404) 685-4254
(404) 214-7386
Patrick

Experience Matters

Brief sentence defining representative matters.

  • Environmental Permits

    Negotiated environmental permits under various environmental statutes.
  • Environmental Related Agreements

    Negotiated landfill gas sale and transportation agreements.
  • Financial Services

    Local lender counsel opinion in multi-state transaction.
  • Gas Pipeline Use Agreements

    Negotiated gas pipeline use agreements.
  • Environmental Permits

    Assisted with environmental permitting of Developments of Regional Impact.

TESTIMONIALS

  • “Does have a fairly significant commercial real estate group.”

    -Chambers 2012

  • “Their knowledge of the industry and ability to work with borrower's counsel in a number of difficult situations has been invaluable. The firm is very knowledgeable and brings a wealth of experience across multiple practices and disciplines. This provides a strong one-stop shopping experience when working with the firm.”

    -Chambers 2012

  • “They have a wonderful real estate practice. I think they are as good as anyone in the South. They are technically excellent at what they do. The deals get done with these guys. They have a well-rounded group. Anybody we have ever referred to them has been very happy and satisfied.”

    -Chambers 2012

  • “They do a lot of real estate related work. An excellent firm.”

    -Chambers 2012