The ScottHulse Law Firm has an experienced and highly regarded real estate practice, encompassing the West Texas, Mexico, and Southern New Mexico Borderplex.

Our real estate attorneys in El Paso, Texas and Las Cruces, New Mexico, specialize in structuring transactions using creative and innovative strategies to resolve complicated questions. The Firm’s real estate lawyers regularly advise clients regarding the acquisition, financing, tax free exchange, development, construction, leasing, management and sale of improved and unimproved real property, as well as the formation of joint ventures, limited partnerships and syndications in connection with real estate developments of all types, including office, retail, industrial, hotel and mixed use projects.

Our firm is widely recognized for its ability to assist property owners in all stages of the land development and land use entitlement process, including platting, zoning, tax abatement, enterprise and foreign trade zone matters and representation before governmental boards and commissions. Our real estate attorneys have extensive experience with the entire spectrum of participants in the real estate industry, including real estate developers, lenders, investors, builders, municipalities, end users and real estate brokers, which allows us to understand all sides and viewpoints in any transaction. The experience and knowledge of our real estate attorneys allows us to develop and implement the right strategy for each project.

ScottHulse real estate attorneys regularly assist real estate developers, who have investments across Texas and in Mexico, with a full range of financing options, including construction loans, lines of credit, long-term mortgage loans, bond financings, mortgage warehouse loans and bridge loans. (See our Banking, Lending & Financial Institutions practice page.)

Our strategic locations in the U.S./Mexico border region and our extensive work on behalf of clients engaged in cross-border business have enabled us to develop strong institutional knowledge of Mexico laws. This knowledge, combined with our Mexico Law practice group, which includes attorneys licensed in Mexico, enables us to provide convenient, efficient, and effective centralized oversight, coordination, and implementation of the legal aspects of our clients’ real estate activities in both the U.S. and Mexico.

Representative Matters
  • Representation of privately held real estate investment trust in the acquisition of some of El Paso’s largest high-rise office towers and in the acquisition of historic downtown landmark properties acquired for restoration and redevelopment.
  • Representation of the largest land developer in El Paso County, Texas, in the development of integrated, mixed-use retail centers, including sales to major anchors, negotiation of joint development agreements among the anchors and pad site users, and ground leases with major national tenants on the pad sites.
  • Representation of the largest land developer in Las Cruces in connection with the development of numerous major mixed-use development projects in the main Las Cruces growth corridor ranging in size from 8- to 10-acre office/retail projects to 100-acre-plus mixed-use commercial and multi-family housing (apartments and condominiums) projects.
  • Representation of national development companies and brokers in connection with private sector real estate projects on the Fort Bliss, Texas, military installation including structuring of transactions and advice as to applicable legislative jurisdiction for private real estate projects on a federal enclave. This advice was essential in determining the applicability of state and local laws to development projects on a federal enclave, including building codes, minimum wage, state real estate licensing (broker) statutes and, importantly, applicability of state and local taxes to private real estate developments on federal lands. These projects involved coordination with army and other governmental agencies, including the office of the Fort Bliss Staff Judge Advocate.
  • Representation of national real estate development company on multiple projects in numerous states with respect to acquisition of development sites and with to respect to various types of financing, including construction financing, permanent financing and structured project financing.
  • Representation of developers in turn-key condominium developments for office condominiums and resort condominium projects.
  • Counsel to U.S. corporations and individuals in the acquisition of real estate (condominiums and vacation homes) throughout important vacation spots in Mexico through the appropriate Mexican trusts (FIDEICOMISOS) and contracts with purchase prices that have ranged from $500,000 to $3,000,000.
  • Representation of major hotel developer and franchisee in the development, financing and ultimate sale of national all-suite hotel chain within a development area that included Texas, New Mexico, Colorado and Arizona.
  • Representation of owners and developers in contested zoning, rezoning, site plan approval and other governmental land use proceedings.
  • Representation of numerous hospitals, manufacturers, retail operators and other companies in the negotiation of tax abatement agreements and other incentive programs with local governmental authorities, as well as local and regional developers in the negotiation of tax increment financing districts and development agreements (sales tax rebates) with local governmental bodies.
  • Representation of seller of regional retail convenience store chain regarding all real estate matters connected with the sale.
  • Representation of non-profit community foundation in connection with the largest historic renovation project in the history of the Borderplex region.

W. David Bernard
Real Estate Attorney

Bernard D. Felsen
Real Estate Attorney

Matthew T. Armendariz
Real Estate Attorney

Zach Daw
Real Estate Attorney

''Clients need to have all the information required for a successful business transaction. No one wants to be surprised after they have spent money. We are attentive to every single document and have a reputation for exceptional due diligence. Our commitment to thoroughness results in successful, high-quality transactions for our clients — both for investors and for lenders.''

Bernard Felsen
Attorney, Shareholder & Chairman