Via Sardegna, 50 — Rome
Studio Legale TofaniItalian legal boutique · Rome · since 1997
04 · Real Estate

Real estate
assets &
mortgage credit.

Real estate funds, structured acquisitions, mortgage securitizations (art. 7.1 and 7.2 Law 130/99), ReoCo vehicles, asset management. A practice area designed for those who view real estate as an asset class — not as an isolated transaction.

Real estate as asset class.

Real estate, for Studio Legale Tofani, is not a generalist practice — it is the natural extension of the Banking & NPL area. Because a real estate asset is almost always, first and foremost, a mortgage collateral — and because securitization, valorization and recovery operations on mortgage credit require an integrated reading across real property law, banking law and financial law.

We assist SGRs and real estate AIFs, banks and servicers, institutional investors and real estate companies in operations built around property as a financial instrument.

The market context demands this. In 2025, Italian real estate moved €12.5 billion in investments (+23% YoY), the second-best historical result. Meanwhile, the secured NPE secondary market remains structural — while Italian real estate enforcement proceedings (averaging 6 years to auction completion) make alternative recovery vehicles like ReoCo operationally critical.

Market snapshot · Italy 2025-2026
€12.5bn
Real estate investments 2025 (+23% YoY) — 2nd best historical
780k
Residential transactions expected 2026 (+1.8%) — consolidation after 2025 peak
€22bn
Annual NPE transaction volumes 2025-2027 — structural secured growth
60%
Real estate enforcement proceedings open for 5+ years — 6-year national average
Sources · Cushman & Wakefield Italy Real Estate H2 2025 · Nomisma Real Estate Observatory 2026 · Banca Ifis NPL Market Watch Sep. 2025 · T6 Association / Idealista Auctions 2025.

Four verticals.

01

Real estate funds & SGRs

Establishment, management and wind-down of Italian real estate investment funds (FIA immobiliari). Regulatory relationships with Bank of Italy and CONSOB. Fund regulations, depositary agreements, side letters.

Regulatory base
Law 86/1994 · TUF art. 33-36 · BoI Reg. 19/01/2015 · AIFMD 2011/61/EU
02

Acquisitions & development

Share and asset deals on residential, commercial, logistic and industrial portfolios. Sale & lease-back, development projects, urban planning compliance, permits, authorizations.

Regulatory base
Civil Code art. 1470+ · DPR 380/2001 (Building Code) · L. 47/1985 · D.Lgs 42/2004 (Cultural Heritage)
03

Asset management & contracts

Financial and operational leasing. Commercial leases (L. 392/78), institutional tenant contracts, property and facility management mandates, post-COVID and post-inflation renegotiations, dispute resolution.

Regulatory base
L. 392/78 · Civil Code art. 1571+ · L. 431/98 · L. 124/2017 short leases
04

Mortgage securitization

ReoCo vehicles under art. 7.1 Law 130/99 for mortgage NPL. Direct real estate securitization under art. 7.2 (introduced by 2019 Growth Decree). Servicing agreements, master servicing, collateral due diligence.

Regulatory base
Law 130/1999 · art. 7.1 (ReoCo) · art. 7.2 (RE SPV) · L. 160/2019 · SME Law 2026 amendments

For real estate transactions
& mortgage securitizations.

SGRs, institutional investors, selling banks, servicers on secured portfolios — request a confidential consultation to evaluate the operation structure and the most suitable vehicle.

Request consultation