Mr. McCaughan practices in the areas of real estate law, real estate litigation, and general commercial litigation.

Selected representative engagements include:

Distressed Real Estate

Represented lender in foreclosure of $56 million development loan on proposed 1,100 residential development project in which the infrastructure was completed but no vertical construction had commenced. This matter also dealt with issues raised by defaults under existing an Community Development District ("CDD") which was created to fund the infrastructure.
Represented lender in foreclosure of $34 million acquisition and development loan on a commercial shopping center which was only partially constructed. This matter involved the obtaining of a receiver for the project as well as dealing with numerous construction liens and construction issues.
Work-out of $20 million acquisition loan for the development of a hotel and condominium development.
Represented lender in foreclosure of $9 million acquisition loan for mixed use development of residential and retail units. This litigation also involved the successful mediation and collection of a multi-million dollar deficiency judgment on behalf of the lender.
Foreclosure of a $20 million acquisition and development loan for a residential project.

Real Estate Finance

Representation of both sellers and purchasers of mortgages and mortgage servicing rights.
Represented Fannie Mae and Freddie Mac in reviewing and approving their residential mortgage loan documents for the state of Florida. These are the most commonly used documents in residential transactions by all lenders.
Representation of mortgage banking entities in virtually every aspect of their operations including loan servicing agreements, loan correspondent agreements, warehouse lines of credit, and RESPA issues.
Representation of developers and mortgage lenders facing issues with HUD/FHA from project approvals to approval as a HUD/FHA lender.
Acting as lender's counsel in multi million dollar construction and commercial loan transactions.
Commercial litigation involving real estate and real estate lending, including but not limited to the defense of lending lender liability actions.

Acquisitions/Dispositions

Represented a national home builder in the multi-million dollar acquisition of farmland for development. This project also required a quiet title action to remove numerous title liens.
Represented a joint venture in the acquisition and development of a multi-million dollar commercial project in downtown Miami. This project included a complicated joint venture and financing from a Japanese Bank.
Successfully argued before the First District Court of Appeals, State of Florida on behalf of one of the country's largest home builders for the inclusion of a mandatory arbitration clause in a condominium purchase agreement against the opposition of the Florida Department of Land Sales and Condominiums.
Represented a Florida home builder in the $250 million sale of assets to a national home builder.

Leasing

Negotiated numerous commercial leases on behalf of both tenants and landlords
Successfully represented an automobile manufacturer in a multimillion dollar leasing dispute with an automobile distributor, including obtaining a ruling that the tenant did not have an option to purchase the property.
Represented a national real estate management and leasing company in a lawsuit alleging mismanagement of a commercial shopping center.
Defended an office building owner in a claim by a real estate broker for commissions arising from the renewal of leases in the office building.