Steve Smith helps navigate complex real estate transactions and legal issues, working with lenders and borrowers involved in the financing of commercial real estate.
Steve regularly handles assumptions, defeasance transactions, loan modifications, REMIC issues, and other servicing issues for CMBS master and special servicers. He is experienced in real estate workouts, receiverships, foreclosures, bankruptcies, asset dispositions, litigation, and lender remedy enforcement for commercial lenders, including the representation of CMBS special servicers, and for various parties to non-real estate securitizations including trustees, administrative agents and noteholders.
Steve’s bankruptcy experience includes insolvency counsel to investors, assisting with the acquisition of companies through the Chapter 11 process, and representing debtors, secured creditors, and trustees and committees in commercial and real estate bankruptcy proceedings. He has handled bankruptcy litigation issues including preference and fraudulent transfer actions, automatic stay litigation, lien and priority disputes, contested confirmation proceedings, and bankruptcy appeals.
Steve also represents developers, owners, equity investors and other real estate professionals in all aspects of ownership, development, construction, property management, leasing, acquisition and dispositions. Commercial real estate transactions in which he has played a role involve retail, multifamily, industrial, hospitality, medical, self-storage, residential community development and mixed-use development.
- Multiple loans for CMBS and portfolio lenders involving various real estate classes, including multifamily, hotel, retail, office, self-storage and mixed use development.
- Contested Chapter 11 confirmation for senior lender involving Dallas office building resulting in confirmation being denied and ultimate foreclosure on the property.
- Office lease negotiations for various business tenants. • Receivership actions for various senior lenders in various states resulting in lenders gaining control of the properties.
- Foreclosures for various lenders; both non-judicial and judicial foreclosures in various states.
- Interpleader action for senior lender who foreclosed on a property resulting in multimillion dollar award of entitlement to utility co-op capital credits.
- Loan Modification and Forbearance Agreements for senior and mezzanine lenders throughout the United States.
- Large loan for international group secured by a large residential master development.
- Acquisitions and disposition of various commercial real estate properties throughout the United States.
- Recognized in Best Lawyers in America©, Real Estate Law, 2024-2025