Commercial Real Estate at Thompson Burton

Thompson Burton PLLC provides effective commercial real estate solutions for business and property owners in the Nashville area. Our commercial real estate lawyers are available to serve as your real estate transaction coordinator, land use attorney, or advisor on all other commercial real estate matters, such as:
  • Commercial real estate closing costs
  • Commercial real estate transactions
  • Commercial real estate loans
  • Types of commercial leases
  • Contractual agreements
  • Zoning laws
  • Intellectual property laws
  • Commercial real estate taxes
  • Commercial litigation
  • Bankruptcy and creditors’ rights
  Our attorneys in Nashville, TN. have extensive experience representing commercial real estate clients from entrepreneurs to landlords to multi-location business owners.
 

Nashville Commercial Litigation Attorney

At Thompson Burton PLLC, we ensure that our clients and their properties stay protected. As a commercial real estate owner, you may experience disputes regarding incorrect zoning laws, leasing disagreements, tenant complications, loans, or property taxes at some point. If you require legal assistance in any of these areas and are searching for a commercial real estate attorney in Nashville, TN., don’t hesitate to contact our local law firm. Our dedicated team of commercial litigation attorneys includes Walt Burton, a founding partner of Thompson Burton PLLC. Walt Burton is a highly acclaimed attorney known for his impeccable approach to detail when representing clients in real estate transactions, leasing, real estate finance, acquisition, and disposition.  

Commercial Real Estate Lawyer Near Me

Thompson Burton’s commercial real estate attorneys are available to serve you throughout the Nashville area. To learn more about our commercial real estate attorneys and how we can assist you, give us a call or contact us to schedule an initial consultation with our practice. We look forward to working with you.  
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“Force Majeure” – What Happens When the Worst Happens?

By , December 17 2012

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  When Hurricane Sandy hit the East Coast recently, the resulting power outages, gasoline shortages, flooding, wind damage, and other devastation made it difficult or impossible for businesses in the hurricane’s path to function normally.  In fact, one of my clients was featured for its efforts to keep its data center in lower Manhattan running despite loss of power.  When the client called me to discuss contingency plans under its lease, the first provision I looked at was “Force Majeure”. Force majeure can come into play in a transactional instance, where it is a fairly standard provision of many contracts, like in my client’s lease, or in a litigation instance, where it can be an affirmative defense to a breach of contract claim. Under Tennessee law, the affirmative defense of force majeure is known as “an Act of God” and “any misadventure or casualty is said to be caused by the […]

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FDIC Lawsuits Against Insiders at Failed Banks — Is Loudermilk Just the Beginning?

By , December 10 2012

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In the current economic downturn, the State of Georgia has seen more bank failures than any other state in the nation.  Because of Georgia’s disparate portion of the country’s bank failures to date, other states have looked to what has happened in Georgia to gauge the outcome, results, and effects of bank failures on lenders, borrowers, and the economy.  There are signs that the worst may be behind the State of Georgia, but the fallout continues for past directors and executives at some of the failed banks.  The FDIC has elected to sue insiders at 11 of the failed Georgia banks.  Most recently, on November 30, 2012, the FDIC brought suit in the Northern District of Georgia, Atlanta Division, against nine former insiders of the failed Buckhead Community Bank.  The insiders included Charlie Loudermilk, who is the founder of the rent-to-own chain of stores Aaron’s Inc.  Based on the allegations […]

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You Don’t Have to Pick Your Poison: Foreclosure, Deficiency Judgments, and other Collection Strategies in Georgia

By , November 29 2012

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I’ve had several recent discussions with lender clients regarding election of remedies in connection with loan defaults.  I wrote about this topic a couple of years ago, so I’ve decided to re-post the article from the Georgia Real Property Law Section Newsletter, Summer 2009. You Don’t Have to Pick Your Poison:  Foreclosure, Deficiency Judgments, and other Collection Strategies in Georgia Despite record numbers of foreclosure filings in Georgia in recent months, many lenders are not aware of the full array of collection strategies available to them in pursuing deficiency judgments against borrowers, guarantors, or both. A basic understanding of the Georgia confirmation statute is critical to evaluate properly all available collection strategies.  Pursuant to O.C.G.A. § 44-14-161, to obtain a deficiency judgment after foreclosure, a lender must report a sale to a superior court judge in the county where the foreclosed property is located within thirty days after the sale […]

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Back to Basics: A Rundown of Tennessee’s Eviction Process

By , November 23 2012

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Recently, I’ve had a flood of questions from clients asking how to evict problem tenants. This post describes how to evict a tenant or other occupant of commercial real estate. The first step in dealing with an eviction is determining whether there is an agreement in place that governs occupancy of the property.  Typically, the lease or other agreement between the parties will outline any notice that may be required and other conditions precedent that must be satisfied prior to exercising remedies. Fortunately, in addition to the applicable provisions of a lease, if any, the Tennessee Legislature has provided us with a statutory scheme “to provide a streamlined summary procedure to determine the rights to possession of land.” 94th Aero Squadron of Memphis, Inc. v. Memphis-Shelby County Airport Auth., 169 S.W.3d 627, 637 (Tenn. Ct. App. 2004); see Tenn. Code. Ann. §§ 29-18-101 through 29-18-.134.  To begin eviction proceedings, one […]

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Lien Priority – How to Make Sure You Are Watching Out For Number 1

By , November 4 2012

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  The Tennessee Court of Appeals recently decided a classic case involving lien priority and whether an individual or entity not holding title can create a valid security interest in real property.  Anchor Pipe Co., Inc. v. Sweeney-Bronze Dev., LLC, No. M2011-02248-COA-R3-CV (Tenn. Ct. App. Aug. 2, 2012). The issues involved in the case arose during the development of a residential subdivision located in Gallatin, Tennessee.  In February 2007, the owner engaged Anchor Pipe Company (“Anchor”) to promptly commence work on the property.  As of May 2007, record fee simple title to the property was held by Sweeney-Bronze Development, LLC (“SBD”).  On July 24, 2007, the construction lender recorded a Deed of Trust from Sweeney-Bronze Holdings (“SB Holdings”), not SBD.  On June 27, 2008, Anchor was told that it was not going to get paid for any more work on the property.  During July 2008. Anchor recorded two materialmen’s liens against the property.  On November 12, 2008, a deed […]

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