Our sophisticated national Real Estate Practice Group works closely with a variety of clients involved or interested in starting a real estate investment trust (REIT) or a real estate mortgage investment conduit (REMIC).


Our lawyers have significant experience advising clients on virtually every matter related to REITs, including:

  • Formation, organization and operation of REITs
  • Taxation of REITs
  • Maintenance of REIT qualification
  • Property acquisitions and other investment transactions by REITs
  • Acquisition, merger and liquidation of REITs

We regularly counsel clients on issues regarding the taxation of investors in REITs, including tax-exempt investors and foreign investors. We work closely with our corporate, finance and real estate lawyers to achieve favorable results for clients, leveraging our knowledge and experience to provide innovative solutions that help fulfill our clients' business and economic objectives.


Our real estate lawyers routinely advise clients on issues relating to all aspects of REMICs, including:

  • Formation of REMICs
  • Structuring regular and residual interests in REMICs
  • Loan modification issues, especially the significant modification test and exceptions to circumstances in which significant modifications result in prohibited transactions and/or loss of qualified mortgage status
  • Taxation issues for REMICs

We continually monitor the ever-changing landscape of relating to REMICs' ability to modify debt instruments in connection with non-performing (or expected to be non-performing) loans.

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Troy Christensen, Jeff Dorrill, Matthew Schindel, Madeline Ballard and James Barnett in SMU Annual T [...]
March 15, 2024

When considering last year’s issues related to joint venture agreements, Texas courts continued their approach of generally following precedent and respecting the express terms of the relevant joint-venture agreements. In terms of precedent, when making decisions based on less than crystal clear statutes, Texas courts often took great care to examine the legislative history behind the relevant law [...]