Real Estate

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Overview
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Hooper, Lundy & Bookman has decades of experience partnering with health care providers on their real estate needs. Numerous real estate issues are unique to providers because health care is heavily regulated. We have specific health care real estate expertise and work with a wide range of providers, including large health systems and urban hospitals, long-term care providers and health care districts, smaller community and critical access hospitals, treatment centers, and physician groups. These clients look to us for their ongoing real estate needs, including to negotiate leases and timeshare arrangements, real estate financings, acquisitions and sales, construction and other real estate and development matters. We also help with real estate litigation, workouts and related disputes. Whether you manage a large, multi-facility health care system or a smaller community clinic or physician group, our real estate transactional and litigation attorneys have the expertise to assist you.

Services Include:  

Sales and Acquisitions

  • Purchase and sale agreements and ancillary documents
  • Diligence of target properties, including title, survey, environmental and zoning review
  • Coordination of escrow and closing

Leases 

  • Commercial leases for landlord and tenants, including medical office and facility leases for single and multi-tenant properties, both on-campus and off-campus
  • Ground leases
  • Time share and other part-time leasing arrangements
  • Subleases

Compliance

  •  Development of forms and other tools for effective real estate compliance and management
  • Deal structure and advice to ensure regulatory compliance with fraud and abuse laws, including the federal Stark and Anti-kickback laws and their state counterparts
  • Advise on co-location and other provider-based issues

Real Estate Finance

  • Loan documentation, including deeds of trust, security agreements, guaranties and other loan documents
  • HUD Financings
  • Legal opinions
  •  Estoppels
  • Subordination, Non-Disturbance and Attornment Agreements
  • Workouts

Commercial Lease and Real Estate Workouts and Bankruptcy Matters

  •  Rent deferral contracts and negotiations for landlords and tenants
  • Pursue secured and unsecured claims of landlords and tenants
  • Creditor representation regarding a debtor’s assumption, rejection or modification of lease terms
  • “Stalking Horse" bidder and other bidders in bankruptcy asset sales
  • Relief from automatic stay
  • Health Care Restructure & Bankruptcy {hyperlink}

Development and Construction Matters

  • Joint venture and other development arrangements
  • Construction and architect agreements
  • Reciprocal easement and maintenance agreements
  • CC&Rs

Real Property Disputes

  •  Lease restructurings, workouts and early termination agreements
  • Unlawful detainers
  • Property insurance claims
  • Adjoining property owner issues

Representative Transactions

  • $84M joint venture acquisition and financing of 2 hospital facility system out of bankruptcy
  • $62.7M acquisition of 6 skilled nursing facilities in coordination with larger $700M multi-state portfolio sale
  • $28M acquisition and financing of medical office building
  • $17.9M acquisition and financing of 2 skilled nursing facilities
  • Rural hospital’s acquisition of several parcels of land to develop additional clinics and health care programs
  • Skilled nursing operator’s $6.1M acquisition of northern California leased facility
  • Negotiation and drafting of $36M long-term lease for development of new Southern California hospital campus medical office building
  • Representation of national health system in negotiation and drafting of $24M long term California rural hospital lease
  • Handle all medical office building leasing and construction contracts for 6 hospital medical system
  • Develop medical office building form leases to aid hospital property management
  • $200M HUD financing for construction of new hospital patient tower
  • $17.1 HUD Financing and $15M Revolver
  • Representation of nursing home chain in $60M secured financing
For media assistance, please contact Maura Fisher at 202-580-7714.