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Overview

Stearns Weaver Miller’s Real Estate Department provides clients with a broad range of representation in all areas of residential and commercial real estate development. Our goal is to represent, assist and provide business advice as requested to developers, owners, hotel operators, contractors, architects, and engineers in virtually every type of real estate transaction. The Department’s Commercial Real Estate Lending Practice Group represents commercial and investment banks, insurance companies and other institutional lenders in connection with both the extension and collection of credit.

  • Acquisition & Dispositions
  • Affordable Housing
  • Americans with Disabilities Act Compliance
  • Commercial & Residential Leasing
    We represent both landlords and tenants in office, industrial and retail lease negotiations for space or land in connection with multi-tenant buildings, single-user premises, office buildings, industrial parks, shopping centers, malls and mixed-use projects, including build-to-suit leases, ground leases and subleases.

    Our office leasing experience includes the representation of owners and tenants of significant office buildings. Our representation also includes leasing laboratory and processing facilities in the pharmaceutical and life sciences industries as well as leasing for the hotel and hospitality, governmental, condominium and residential industries.

    Our retail leasing experience includes representing various national retail tenants, including publicly-traded “big box” retail tenants, in the leasing of premises in regional shopping centers, strip centers, power centers, malls and single-user sites.

    In addition, we handle leasing aspects in corporate merger and acquisition transactions and sale and leaseback transactions, including transactions involving multi-state properties. We also counsel clients with respect to ancillary lease documents, such as subordination, non-disturbance and attornment agreements and tenant estoppel certificates. We are members of the National Association for Industrial and Office Parks (NAIOP) and the International Council of Shopping Centers (ICSC).
  • Commercial Real Estate Lending
    Stearns Weaver Miller's Commercial Real Estate Lending Practice Group represents commercial and investment banks, insurance companies and other institutional lenders in connection with both the extension and collection of credit. We have decades of experience in financing the acquisition, development and construction of office buildings, shopping centers, mixed-use projects, hotels, condominium projects and single and multifamily residential projects, employing advanced lending techniques and negotiating financing documents and the workout of troubled assets.

    We represent lenders who make conventional, participated, syndicated or mezzanine loans secured by real property, as well as tangible and intangible personal property, including accounts receivable, inventory, fixed assets, transferrable development rights, accounts and intellectual property located in and outside of the State of Florida. The Firm also advises lenders with respect to personal property leasing and financing. We work closely with our litigation and bankruptcy attorneys to advise and assist lenders in dispute avoidance, the workout of troubled assets, and litigation relating thereto and relating to lenders' potential liability for their actions originating and administering loans, or as a consequence of environmental laws and regulations.
  • Construction & Design Contracts
  • Development & Construction
  • Distressed Assets, Restructuring & Workouts
    Stearns Weaver Miller’s Real Estate Department assists institutional lenders, insurance companies, borrowers and equity investors navigate problem loan workouts. We have experience in virtually every aspect of real estate financing.

    We have experience with loan workouts for various real estate asset classes, including commercial and industrial centers, hotels and clubs, office buildings, condominiums and apartments and residential development deals. Our transactional and litigation attorneys are well-versed in advising our lender clients in the early stages of a loan default on issues such as preparing and negotiating pre-work out agreements to protect lenders from waiving rights, preserving remedies, limiting lender liability claims and reducing potential bankruptcy filings. In the case that it does become a bankruptcy-related issue, our real estate attorneys work closely with our business restructuring attorneys for the duration of the matter. We have litigated numerous lender-liability and bad-faith claims and participated in various out-of-court workouts.

    We also regularly conduct loan portfolio reviews, which begin with a thorough review of the loan portfolio. We then design and implement an ongoing loan surveillance program. Finally, we create an action plan for the most worrisome problem loans. 

    Stearns Weaver Miller’s Distressed Property Practice Group helps clients navigate the legal matters related to distressed real estate and distressed real estate-related debt. Our clients include lenders, special servicers, owners, investors, developers, managers and private equity funds. We assist our clients with the acquisition, development, financing and disposition of distressed properties as well as the acquisition, disposition and resolution of distressed real estate debt.

    The Distressed Property practice group integrates lawyers from our transactional real estate, real estate litigation, corporate and securities and business restructuring groups to provide comprehensive legal services to lenders and special servicers in all aspects of dealing with distressed real estate debt.
  • Environmental Issues
  • Golf Courses & Golf Course Communities
  • Hospitality & Leisure
  • Joint Ventures & Partnerships
  • Land Development, Zoning & Environmental
  • Management Agreements: Hotel, Commercial, Residential
  • Project Financing
  • Private Real Estate Funds
  • Real Estate Litigation
  • Real Estate Operations

Attorney

Office

Phone

David M. Smith

David M. Smith

David M. Smith

Director of Development & Zoning

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Events: Title Insurance and You: Let the Lawyer Beware
American College of Real Estate Lawyers (ACREL) Mid-Year Meeting, Panelist |April 2017|Gisela M. Munoz

Publications: Mindfulness: Tapping Into Its Power to Achieve Professional and Personal Success and Wellness (co-authored with Leslie A. Loubier, Psy.D)
First published in the Spring 2017 edition of The Abstract, a publication of the American College of Mortgage Attorneys (ACMA)|February 2017|Gisela M. Munoz

In the Media: Stearns Weaver Leads Debt Placement in Israel for Developer
Daily Business Review|January 2017

Events: Chasing Yield: Thinking Outside the Box in a Risk-Reward Environment
FSU Real Estate Network’s 22nd Annual Real Estate Trends Conference |October 2016|George A. Pincus

Events: Mindfulness: Tapping into its power to achieve professional and personal success and wellness
American College of Mortgage Attorneys’ Annual Meeting |September 2016|Gisela M. Munoz

Events: Commercial Real Estate Mid-Year Update
CCIM Florida Southwest & West Coast Districts |July 2016|Ronald L. Weaver

In the Media: Legal Services and Pro Bono Attorneys Successfully Join Forces Once Again
Legal Services of Greater Miami |June 2016

Events: Workforce Housing
CREW-Miami |June 2016|Patricia K. Green

In the Media: Stearns Weaver Duo Represents Two Longtime Clients in Condo Project
Daily Business Review|May 2016

Events: Dade County Bar Association 2016 Bench & Bar Conference
Hyatt Regency Miami |February 2016

Events: A Birds Eye View of Real Estate Development: Perspectives from Developers, Contractors, Attorneys, and the Government
Dade County Bar Association Real Property Committee |January 2016|Maria A. Gralia

In the Media: Legal Team Advising on Sunset Place Switched to CocoWalk and Back Again
Daily Business Review|October 2015

Firm Announcements: Stearns Weaver Miller Names Five New Shareholders
September 2015

Firm Announcements: New Faces at our Tampa Office
August 2015

In the Media: Stearns Weaver Team Handles CocoWalk Acquisition
Daily Business Review|June 2015

In the Media: Power Leaders in Law and Accounting
South Florida Business Journal|May 2015

In the Media: CocoWalk sold to national REIT and partners for $88M
South Florida Business Journal|May 2015

Events: Trends in Equity Fund Raising for Private Real Estate Funds
Lexwork International |March 2015|David M. Seifer

Events: Dade County Bar Association 2015 Bench & Bar Conference
Hyatt Regency - Downtown Miami |February 2015

Firm Announcements: New Faces, Growing Places
February 2015

In the Media: Real Estate Boom Good News for Law Firms
Daily Business Review|February 2015

In the Media: CREW-Miami Members Lead in 2015
CREW-Miami People & Deals Newsletter|December 2014

In the Media: This Miami Attorney Secures Loan Through Three Banks
Daily Business Review|December 2014

In the Media: CREW Storms Miami Beach
Real Estate Bisnow|October 2014

In the Media: Stearns Weaver Adds Real Estate, IT Partners In Miami
Law360|September 2014

Firm Announcements: Gisela M. Munoz Joins Stearns Weaver Miller
August 2014

Events: Real Estate Deals, Zoning and Litigation
Dade County Bar Association 2014 Bench and Bar Conference |February 2014|Gisela M. Munoz

Firm Announcements: Four Attorneys Promoted to Shareholder
November 2009

In the Media: Firm Helps Secure 250M Construction Loan
Daily Business Review |October 2008

In the Media: Foreclosure Looming - You Can Buy Time
Tampa Bay On-Line|October 2008

In the Media: Going Green, Wilted Promises?
Daily Business Review |August 2008

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