Warren & Migliaccio, L.L.P.

Texas Family, Estate and Debt Relief Attorneys

Call For A Free Consultation (888) 584-9614
  • Our Team
    • Gary Warren
    • Christopher Migliaccio
    • Jonathan Frederick
    • Dan Varkey
    • Traci Diamond
    • Sabah Hafiz
    • David Lane
    • Morgan Gill
    • Brandon Beuerlein
    • MaDonna Harmina
  • Bankruptcy
    • Why Meet with Us?
    • Chapter 7 Bankruptcy
      • How to File Chapter 7 Bankruptcy in Texas
    • Chapter 13 Bankruptcy
    • Debt Resolution
    • Benefits of Bankruptcy
      • Stop Creditor Harrassment
      • Keep Your Property
      • Stop Foreclosure
      • Eliminate Credit Card Debt
      • Rebuild Your Credit
    • Bankruptcy Myths Debunked
    • Creditor Harassment
    • Tax Debt
    • What is a Wage Garnishment?
    • Bankruptcy Video Center
    • FREE Bankruptcy E-Book
  • Debt Lawsuits
    • Being Sued by Debt Collector? What you need to Know.
    • What to do when you are being sued by Credit Card Company
    • Is it possible to be Judgment Proof?
  • Divorce
    • Divorce Timeline and Roadmap
    • Contested Divorce
    • High Net Worth Divorce
    • High Conflict Divorce
    • Spousal Maintenance and Support
    • Post-Divorce Modifications
    • Military Divorce
    • FREE Divorce E-Book
  • Child Custody
    • Types of Child Custody in Texas
    • Child Support Modifications & Enforcements
    • Child Support: The Details You Should Know
    • Texas Standard Possession Order
    • Texas Child Custody Calendar
    • Right of First Refusal
  • Estate Planning
    • Our Services
    • How it Works- Your Client Journey
    • Estate Plan Express
    • Wills
    • Revocable Living Trusts
      • 9 Reasons You Need a Revocable Living Trust in Texas
      • Making and Funding a Living Trust in Texas
    • Is It Time to Update Your Estate Plan?
    • Dying without a Will
  • Estate Plan Express
    • Estate Plan Express: Get an Attorney Drafted Will Online in Texas
    • Our Levels of Texas Estate Planning Services
  • Blog
    • Articles
    • FAQs
      • How to create a Skype Account for Virtual Video Meetings
      • Get Tax Transcripts or Tax Returns
      • Get Your Free Credit Report
  • Next Steps
    • Contact Us
    • Client Testimonials
    • Make a Payment
    • Camp Lejuene Victim Support
      • How we can help
      • Top 5 Questions and Answers About the Camp Lejeune Lawsuits
      • Symptoms of Water Contamination
You are here: Home / ARTICLES / When You Owe More Than It’s Worth: Commercial Real Estate Restructuring:

When You Owe More Than It’s Worth: Commercial Real Estate Restructuring:

October 19, 2024
Written by Christopher Migliaccio | Last updated on June 12, 2025

Table of Contents

Toggle
  • Understanding the Drivers of Restructuring
  • Strategies for Commercial Real Estate Restructuring
  • Negotiation and Legal Considerations
  • FAQs about commercial real estate restructuring
  • Conclusion

The current economic climate has many commercial property owners reevaluating their financial strategies. From soaring interest rates and market shifts to evolving tenant needs, several factors could necessitate commercial real estate restructuring.

Instead of simply reacting to challenges, property owners need to start proactively seeking solutions that align with long-term objectives. Whether you’re facing a potential loan maturity shortfall or exploring opportunities to optimize a real estate asset, understanding the facets of commercial real estate restructuring can empower you to make informed decisions.

Understanding the Drivers of Restructuring

Commercial real estate restructuring can stem from various factors impacting a property’s financial health and overall viability. Understanding these drivers is crucial when deciding on the most suitable restructuring strategy. Here are some common factors:

Economic Downturns

Recessions or economic slowdowns can significantly impact real estate values and tenant demand, leading to reduced rental income. The financial crisis of 2008 exemplified this, causing distress across the commercial real estate sector and leading to widespread restructuring efforts. For example, during the pandemic, CommercialEdge reported significant declines in average office rent prices.

Interest Rate Volatility

Rising interest rates increase borrowing costs, impacting loan affordability and potentially pushing properties into distress. The Federal Reserve’s recent interest rate increases contributed to loan challenges as property values struggle to keep pace.

In a June 2023 Washington Post article, economist Natasha Sarin suggests that financial institutions should bolster their capital reserves now to prepare for potential losses. This advice comes as modifications and extensions – often called “extend and pretend” – have become common tactics, according to Investopedia. Lenders prepare for these situations as they understand interest rate volatility can significantly impact borrowers.

Bar chart showing drivers of commercial real estate restructuring: Operational Challenges 5%, Maturing Loans 10%, Shifts in Market Demand 15%, Interest Rate Volatility 20%, Economic Downturns 25%.

Bar chart showing drivers of commercial real estate restructuring: Operational Challenges 5%, Maturing Loans 10%, Shifts in Market Demand 15%, Interest Rate Volatility 20%, Economic Downturns 25%.

Shifts in Market Demand

Changing demographics, technological advancements, or even something like a global pandemic can create a mismatch between existing properties and market needs, affecting occupancy rates. Take the rise of e-commerce: it’s been a major factor in the struggles of retail spaces like shopping malls, forcing owners to adapt and restructure.

This shift sometimes involves converting office properties into residential units. Converting older buildings comes with its own set of difficulties, though, since it might not be economically viable for all properties. Investors and real estate companies must conduct thorough due diligence to determine the feasibility of such conversions. Market values play a crucial role in this decision-making process.

Maturing Loans and Refinancing Challenges

As loans mature in an environment of stricter lending standards, property owners may find it hard to refinance on favorable terms, putting pressure on their financial stability. Looming debt maturities, especially with the prospect of higher interest rates on the horizon, have become a pressing concern for many.

Research by analysts in 2022 predicted massive value destruction within the U.S. commercial real estate market, and unfortunately, the situation hasn’t drastically improved for all types of properties. Market watchers remain apprehensive about the state of office real estate in particular, especially with predictions about a potential “deluge of debt” cited by market analysts. This “deluge of debt” is a growing concern for commercial real estate owners as it could further impact property values and make refinancing even more challenging.

Operational Challenges and Tenant Issues

Unexpected events like natural disasters or mismanagement can disrupt cash flow, creating the need for financial restructuring. This also applies to tenant-related challenges, such as high vacancy rates or disputes affecting rental payments. In such cases, property management companies play a vital role in mitigating these challenges and maintaining positive relationships with tenants. They are responsible for handling lease agreements, addressing maintenance requests, and resolving tenant complaints. Effective property management can contribute significantly to the overall success of a commercial real estate investment, particularly during times of financial distress.

Strategies for Commercial Real Estate Restructuring

When financial challenges strike commercial real estate, property owners and lenders must carefully consider a variety of restructuring strategies. Each approach comes with its own implications, demanding a thorough assessment to find the optimal solution.

Infographic on commercial real estate restructuring, highlighting key drivers like economic downturns and interest rate volatility, with strategies such as loan extension and debt modification.

Factors influencing commercial real estate restructuring include economic downturns, loan refinancing challenges, and evolving market demands, with strategies such as debt modification and recapitalization offering pathways to stability.

Debt Modification

Negotiating with lenders to adjust CRE loan terms, like interest rates, amortization schedules, or maturity dates, provides immediate relief. This strategy can be especially beneficial for owners facing temporary financial distress due to external factors. Imagine a hotel severely impacted by travel restrictions during a pandemic.

Modifying loan terms could provide breathing room for the business to recover once those restrictions ease. This approach aims to find a middle ground where both borrowers and lenders can benefit from the restructuring. Estate owners need to understand that debt modification might involve concessions from both sides to reach a mutually agreeable solution.

Loan Extension

Securing additional time to meet financial obligations allows owners to improve property performance, potentially attracting new tenants or enhancing value. This buys valuable time but also emphasizes the importance of a well-structured turnaround plan to avoid kicking the can down the road. Estate companies often explore this option when they believe that the underlying business can recover with additional time to stabilize operations and improve cash flow.

Debt Recapitalization

Infusing fresh equity into the property, often through a new partnership, can strengthen the financial foundation. However, this can dilute existing ownership stakes. Real estate owners must weigh the benefits of improved financial stability against the potential loss of control over decision-making.

Sale and Leaseback Transactions

Owners can free up capital by selling the property to an investor and then leasing it back, preserving operational continuity. However, this relinquishes ownership control. This strategy can be particularly beneficial for businesses that want to unlock the value of their real estate assets while maintaining their operational presence at the property.

Foreclosure and Disposition

While a last resort, transferring ownership to the lender through a structured process provides a clean slate for both parties but often results in losses for the owner. When facing foreclosure, it is crucial for property owners to seek legal counsel to understand their rights and explore potential alternatives to minimize losses.

Negotiation and Legal Considerations

Negotiating with lenders is an inherent part of commercial real estate restructuring. Often, having legal representation experienced in commercial real estate transactions and restructuring complexities can make the process smoother.

Working with restructuring professionals, like attorneys and financial advisors familiar with real estate complexities, is also beneficial to explore restructuring options and navigate this process effectively. They bring market knowledge and legal expertise that are indispensable during negotiations, helping ensure that the chosen restructuring path protects the parties involved and aligns with current legal and regulatory frameworks. This expert guidance proves particularly crucial given the intricacies and high stakes often associated with commercial real estate transactions.

Model of house placed on contract Placed on a wooden table, mortgage and real estate investment, home insurance, security concept.

FAQs about commercial real estate restructuring

What is commercial restructuring?

Commercial restructuring involves changing the terms of debt obligations and/or equity ownership to improve the financial and operational stability of a distressed property or portfolio. It often involves negotiations between debtors and creditors, aiming to find a solution that benefits all parties involved and allows the business to continue operating.

What are the three types of restructuring strategies?

While there are numerous approaches to commercial real estate restructuring, they often fall under one of three umbrellas: Operational Restructuring, Financial Restructuring, or Legal Restructuring. Operational restructuring focuses on improving the day-to-day operations of a business, such as reducing costs or increasing efficiency.

Financial restructuring primarily tackles debt and capital structure, Legal restructuring may involve seeking bankruptcy protection, and disposition focuses on selling the asset.

What is the 1 rule commercial real estate?

There’s no official “1 rule” in commercial real estate. However, a commonly cited guideline in the industry emphasizes “location, location, location.” Essentially, a property’s value is significantly impacted by its location.

How do you syndicate a commercial real estate deal?

Syndicating a commercial real estate deal means pooling capital from multiple investors. This is typically structured as a limited partnership, where a sponsor (or syndicator) manages the investment and investors share in the profits. It allows individuals to invest in larger and potentially more profitable projects than they might be able to afford individually.

Conclusion

Commercial real estate restructuring is a complex process often triggered by factors that impact a property’s financial stability. It involves exploring a range of strategies and making tough choices to find solutions aligning with owners’, lenders’, and investors’ objectives. Seeking professional guidance, engaging in open communication, and understanding your legal options are critical to successful commercial real estate restructuring.

Get Help Now!

Schedule a Free Consultation

If you need to speak with an attorney at Warren & Migliaccio, L.L.P.  submit our contact form below or call (888) 584-9614 to schedule a free consultation.

Article Category: Life & Legal Insights

Get Help Now!

Schedule a Free Consultation

If you need to speak with an attorney at Warren & Migliaccio, L.L.P.  submit our contact form below or call (888) 584-9614 to schedule a free consultation.

Nav

  • Collin County & Dallas Bankruptcy Attorneys: Chapter 7 Solutions for DFW
  • Chapter 7 Bankruptcy Attorney in Dallas
  • Chapter 13 Bankruptcy Lawyer in Dallas
  • Child Custody Attorneys in Dallas and North Texas
  • Child Support
  • Divorce Attorney in Dallas & Collin County – Serving All of DFW and North Texas
  • Family Law
  • Spousal Support
  • Personal Injury
Christopher Migliaccio, attorney in Dallas, Texas
About the Author

Christopher Migliaccio is an attorney and a Co-Founding Partner of the law firm of Warren & Migliaccio, L.L.P. Chris is a native of New Jersey and landed in Texas after graduating from the Thomas M. Cooley School of Law in Lansing, Michigan. Chris has experience with personal bankruptcy, estate planning, family law, divorce, child custody, debt relief lawsuits, and personal injury. If you have any questions about this article, you can contact Chris by clicking here.

Connect With Us

facebook logo twitter logo youtube logo instagram logo


More Resources
Blog
Articles
PaymentPortal

Schedule Now
(888) 584-9614

Next Steps

  • Contact Us
  • Testimonials
  • Make A Payment
  • Blog
  • Articles
  • FAQs

Pick a Topic and Empower Yourself

  • Bankruptcy
  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy
  • Child Custody
  • Child Support
  • Estate Planning
  • Divorce
  • Divorce & Your Children
  • Family Law
  • Stop Foreclosure
  • Spousal Support
  • Auto Accidents
HomeDisclaimerPrivacy PolicyTerms of UseContact UsSite Map
© 2025 Warren & Migliaccio, L.L.P. All Rights Reserved