Drew Demers

Partner

Practice Areas

  • Real Estate Transactions
    • Purchase, Sale, Development, Financing, leasing and related disputes
  • Banking and Financial Institutions
    • CRE, CMBS, multi-family lending; loan participations and related disputes
  • Construction Matters
    • AIA Contracts, contract negotiation, mechanics liens, and related disputes
  • Commercial Contracts
    • UCC Article 2 and Article 9 contracts and related disputes
  • Distressed Assets
    • Bulk sale transactions, commercial loan workouts, receiverships, and litigation
  • Drew is a dynamic and proficient real estate and business lawyer with over two decades of experience closing real estate transactions and creating solutions in complex real estate projects and business disputes.
  • From raw land development through lease out, Drew guides his clients through the life cycle of their real estate portfolio.
  • Drew’s comprehensive experience as a business litigator, a proficient drafter, and deal counsel helps his clients move with the market, and provides keen insights and a unique perspective on wide range of real estate matters.

With over 20 years of experience, Drew’s practice is focused on commercial real estate financing, development, purchase and sale transactions, leasing and related real property disputes.

Drew began his career in the courtroom, representing clients ranging from Fortune 100 lending institutions to regional developers and investors in all manner of real estate and commercial contract litigation.    In the aftermath of the 2008 financial crisis, Drew successfully represented dozens of financial institutions and investors in resolving over $400MM in distressed commercial real estate through litigation and loan restructuring.  Drew’s expertise in contract law and prior experience as trial counsel for property owners, lenders and construction clients in state and federal courts is frequently brought to bear for his transactional clients on tough and complicated deals.

Drew is licensed to practice in Colorado, Florida and Ohio.

  • Represented a national car rental retailer in its real property acquisitions and leasing
  • Represented a local government entity in its joint development of over 1200 raw acres of land, including a major hospital lease and land sales to national retail, manufacturing, residential and logistics providers
  • Represented a retail shopping center owner in successfully resolving state-court litigation concerning a $35MM CMBS loan, including negotiation and approval of a new anchor-tenant lease and full loan reinstatement
  • Represented a secured lender in its workout and foreclosure action of a $20MM commercial loan relationship, partially secured by a first mortgage lien on 1428 Brickell Avenue, Miami, FL, through litigation and an ultimate note sale to a private equity buyer.
  • Represented a national banking association in its asset acquisition of a failed bank from FDIC receivership, including on-boarding, restructuring, litigating and subsequent sale of over $250MM in commercial loans.
  • Represented a Fortune 100 lender in resolving over $150MM in loan obligations, including commercial, retail, shopping center, healthcare, Private Client (high net worth) loans, SBA loans, and a large portfolio of residential investment properties throughout Florida.
  • Represented a national banking association in the strategic workout of its securitized SBA loan portfolio, including the resolution of over $50MM in SBA loans and navigating loan servicer issues.
  • Represented a secured lender in its workout efforts of a $10MM loan and subsequent foreclosure of a marina property in Fort Lauderdale, including the approval of a single-tenant lease and aiding the lender in its bankruptcy proceedings.
  • Advised a private equity group in the due diligence, acquisition, and resolution (workout and litigation) of commercial real estate and asset based loans across multiple investor funds, including the litigation and restructuring of loans and preservation of secured collateral across the Southeast US.
  • Represented a secured lender in its workout efforts with respect to an $8mm defaulted loan obligation, secured by an oncology drug manufacturing facility, including prosecuting claims against the guarantors and working with the EPA on a plan to decommission the drug manufacturing facility.
  • Represented a regional lender in a $12mm commercial foreclosure action and in defeating counterclaims based on construction loan funding.
  • Represented a regional lender in the evaluation of and disposition of multiple commercial owned real estate (ORE) properties through private individual and bulk sale transactions.
  • Represented the Lender as loan participant in the modification and renewal of the loan secured by the Jungle Island theme park in Miami, Florida.

Education

  • University of Florida (B.S. with Honors, 1998)
  • University of Michigan Law School (2001)

Bar Admissions

  • Colorado
  • Ohio
  • Florida

Professional Memberships

  • Shalom Park, Board of Trustees
  • BOMA Denver, Public Policy Committee
  • The Florida Bar Professional Ethics Committee, 2016-2019
  • University of Michigan Alumni Association, Board Member, 2016-present

Awards

  • Colorado Super Lawyers, 2023, 2024
  • Florida Super Lawyers, Rising Star, 2010-2017

Publications/Presentations

  • The Law On COVID-19: The Interplay Between The FFCRA And The CARES Act, April 2020
  • How Opportunity Zones Increase Real Estate Development? Fort Lauderdale Tower Club Real Estate Forum Panelist, June 2019
  • Economic Opportunity Zones: Beyond the Basics, Panel Moderator, April 2019
  • Master Seminar on Ethics, Florida Bar Annual Convention, Programming Subcommittee Member, 2017
  • Why Workouts Sometimes Don’t Work Out, IMN Special Assets & Credit Officers Forum Panelist, 2014
  • Commercial Workouts, Common Counterclaims and Defenses, Lorman Education, 2011

Speaking Engagements

  • The Law On COVID-19: The Interplay Between The FFCRA And The CARES Act, Broward County Bar Association, April 2020
  • How will Opportunity Zones Increase Real Estate Development? Fort Lauderdale Tower Club Real Estate Forum Panelist, June 2019
  • Economic Opportunity Zones: Beyond the Basics, Panel Moderator, April 2019
  • Master Seminar on Ethics, Florida Bar Annual Convention, Programming Subcommittee Member, 2017
  • Why Workouts Sometimes Don’t Work Out, IMN Special Assets & Credit Officers Forum Panelist, 2014
  • Commercial Workouts, Common Counterclaims and Defenses, Lorman Education, 2011

In The News

  • What Is Mortgage Forbearance?, U.S. News & World Report, October 18, 2022.
  • Power Players, The Boca Raton Observer Magazine, December 2021
  • What Is Mortgage Forbearance?, U.S. News & World Report, June 2020
  • Everything you should know about mortgage forbearance, Bankrate, April 2020
  • COVID-19’s Impact on Real Estate and Financial Markets, Luxury Home Magazine – The Palm Beaches, April 2020
  • Small businesses worry big banks won’t prioritize PPP applications in second round, South Florida Business Journal, April 2020