Montgomery & Andrews

Montgomery& Andrews’ real estate attorneys have experience in virtually all major aspects of the real estate law.   We have represented buyers, sellers, developers, home owners’ associations, realtor associations, construction industry contractors and professionals, residential and commercial lenders, and commercial landlords and tenants.  We offer experienced advice and counsel regarding a broad spectrum of real estate related issues and subjects, including purchases, sales, exchanges, and leases of developed and undeveloped properties, lending and financing, title insurance, title examination, lending and acquisition due diligence, land development and subdivision, preparing and enforcing restrictive covenants, water rights, environmental considerations, fractional property interests (including mineral rights, oil and gas interests, water rights), foreclosures, easement issues, boundary disputes and quiet title actions.

Purchase and Sale

Our attorneys have represented both residential and commercial sellers and buyers in connection with the purchase and sale of developed and undeveloped residential, commercial, agricultural and ranch properties.  We have also represented buyers and sellers with the acquisition and sale of fractional property interests such as mineral rights, oil and gas interests and water rights.  These transactions include title insurance, title examination, survey review, acquisition due diligence (including environmental due diligence) and all aspects of purchase and sale contract negotiation.

Lending and Financing

We represent major residential and commercial lenders in commercial and residential acquisition, refinancing and development projects.  We have experience in formulating deeds of trust, mortgages and other security devices and letters of credit. We counsel national and international lenders regarding legal requirements and changes applicable to their New Mexico lending portfolios.  Our attorneys have rendered numerous closing opinions on behalf of sellers, borrowers and major lenders in complex loan transactions.

Construction

In construction matters, we develop comprehensive architect, engineer and contractor agreements. Our attorneys have extensive experience with the negotiation of AIA, DBIA and AGC contracts and other standardized industry forms. We have experience representing owners, architects, engineers and contractors in contracts for a broad array of commercial and residential projects.

Water Rights

Montgomery & Andrews is experienced in handling the sale and lease of water rights, and has assisted clients in the acquisition of viable water supplies for new developments.  Our attorneys regularly perform due diligence analysis of water rights for real estate transactions.  We also have experience working closely with clients involved in water development projects to accomplish project goals.

Environmental Due Diligence and Compliance

Our attorneys have advised buyers and sellers of commercial real estate on compliance and liability issues related to environmental conditions at various sites in New Mexico, including former mining and waste disposal properties.  In evaluating compliance and liability issues, we work closely with consultants and other environmental professionals in evaluating the status of properties and resolving compliance issues with the appropriate local, state and federal regulators, including EPA under the federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).  We also have experience working with the New Mexico Environment Department under the Voluntary Remediation Act, Hazardous Waste Act and Ground Water Protection Act.

Litigation

Our litigation experience includes title defects, easement and road disputes, boundary disputes, lease disputes, lender liability, contractual breaches, partnership disputes, fraudulent transactions, brokerage commission disputes, estate disputes, condemnation, defective construction, mechanics’ liens, commercial landlord tenant disputes, evictions, cost overruns, warranty issues, and judicial and nonjudicial foreclosures.

Land Use

Our attorneys have experience in subdivision, boundary line adjustments, and condemnation matters.  We represent landowners seeking governmental approval for land use, and have litigated cases where governmental entities have exceeded their authority and interfered with property rights.  With an emphasis on maximizing values, we assist our clients in building interdisciplinary teams comprised of Montgomery & Andrews’ real estate attorneys, local land use planning specialists, surveyors and engineers in order to accomplish projects in a cost-effective manner.