Birch Horton Bittner & Cherot represents Alaskan banks, private corporations, and real estate developers on every aspect of commercial real estate transactions, including the formation of real estate ventures.
Our firm’s attorneys are well-versed in conveyance documents, including warranty deeds, special warranty deeds, quitclaim deeds, deeds in lieu of foreclosure, residential and commercial leases, assignment of leases as security for loans, real estate construction loan agreements, deeds of trust, deeds of trust notes, Uniform Commercial Code (UCC) financing documents, and oil and gas leases. Many of these documents are tailored for complex and innovative transactions.
We advise lenders on title insurance issues at the time of the loan closing and at the time of foreclosure. This includes a detailed analysis of title defects, title insurance exceptions, and insurance coverage issues.
Birch Horton Bittner & Cherot attorneys are also attuned to environmental concerns in the financing and transfer of real property. We advise lenders regarding foreclosure on contaminated or potentially contaminated property and financing of real property at risk of environmental contamination and property that experiences contamination while owned by the lender.
Representative experience includes:
- Development of condominium projects
- Construction and financing of commercial shopping centers
- Representation of the Alaska Industrial Development and Export Authority
- Purchase and sale of multimillion-dollar businesses, including real property issues
- Negotiating and drafting the documents for numerous lines of credit and long-term loans to Alaska Native corporations that involved the analysis of special issues relative to the Alaska Native Claims Settlement Act (ANCSA) and the Alaska National Interest Lands Conservation Act (ANILCA), particularly as those acts impact real estate lending
- Representation of the lender in connection with three Section 801 housing projects located on military reservations: These projects were developed by private developers and involved long-term leases with the U.S. government. Each of the loans on these projects was in excess of $30 million. The representation involved all aspects of construction financing and documentation, including negotiation with the government on the terms of the leases and perfection of the lender’s interests through deeds of trust, assignments of the leases and assignments under the 1940 Assignment of Claims Act.
- Representation of the municipality of Anchorage in the analysis of oil and gas leases to be purchased by Municipal Light & Power in the Beluga River Gas Field purchase as well as in the preparation of the title opinion for that purchase
- Due diligence on all real property to be purchased or leased in Alaska by an operator of private prisons, including advice on title exceptions, zoning compliance, survey issues, and encroachment
- Representation of the purchaser in the purchase and financing of mobile home parks in Anchorage
- Representation of a real estate developer in the purchase and development of residential subdivisions in Anchorage
- Representation of the Seward Association for the Advancement of Marine Science (SAAMS), the developer and operator of the Alaska SeaLife Center, including negotiations of the Agreement for Financing, Lease, Construction, Operation and Maintenance of the Alaska SeaLife Center by and between the city of Seward and SAAMS
- Representation of municipalities and private parties in the drafting of land use regulatory legislation, including zoning and subdivision ordinances, in zoning and subdivision administrative proceedings and litigation
- Representation of municipal and private clients in matters concerning real property taxation, special assessments and agreements between property owners and public utilities related to infrastructure construction in support of real estate development
- Defense of quiet title actions involving major commercial real property