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Marci P. Schmerler

Marci P. Schmerler

Shareholder

Overview

Marci Schmerler’s practice focuses on secured and structured financing; equity and debt restructuring; and acquisition, sale and asset management and leasing of multistate commercial real estate projects for real estate advisers and other institutional and entrepreneurial investors (owners), portfolio and securitized lenders, servicers, and owners including REITS, private equjity funds, banks (national, regional and community), life companies, specialty finance funds, and pension funds.

Marci has experience in all aspects of real  estate finance (for all parties in the transacitons) including structuring and negotiating joint ventures, secured and mezzanine finance transactions (balance sheet  (construction, bridge, synicated), capital markets and high yield hybrids and formation and asset management for real estate debt and equity funds.

Marci handles master and special servicing transactions (workouts, foreclosures, and sales of REO) for banks, investors, and servicers in the portfolio, balance sheet, construction  and syndicate lending and securitization (CMBS, and CLOs) industry.

Marci has set up and managed commercial loan conduit programs for conduit lenders sponsored by notable investment banks and specialty finance funds, and has handled the closing of hundreds of loans of every property type (core, hospitality, healthcare, and nontraditional) assets in most every state

Marci also represents one the nationally recognized rating agencies in connection with legal aspects of rating public and private placements at transaction,  loan and property levels for  CMBS, conduit, CLOs, CTLs,  liquidated trusts and single borrower/single asset securitizations.

Marci has significant experience on the development, owner and investment representation side as well real estate companies non real estate focused businesses as well real estate companies non real estate focused businesses as well including acquisition, sale, development and financing transaction experience involving owned and leased real estate for all core propertie and and special use including hospitality, senior living, skilled care, student housing, self storage, and data centers..

Experience

  • Represents one the nationally recognized rating agencies in connection with legal aspects of rating public and private placements at transaction, loan and property levels for over 60 CMBS, conduit, CLOs, CTLs,  liquidated trusts and single borrower/single asset securitizations.
  • Represents a major special servicer diligence underwriter company through its life cycle including in connection with the legal aspects of its role in  issuance of CLOs/CMBS and performance of special servicing at the loan transaction level.   
  • Represents a global real estate advisory firm representing life insurance companies, private equity funds, and other pension funds, REIT and investor clients in a variety of structured real estate investments, financing transactions, and asset management.
  • Represents U.S bank in origination of loans and refinancing of existing loans secured by core properties, including grocery-anchored retail, multifamily and office properties with Southeastern focus.
  • Represents national and regional banks as primary counsel, handling special assets (loan servicing, restructures and enforcements) and REOs disposition and asset management.
  • Represents a registered investment adviser with a focus on fixed-income strategies for institutional and retail clients, including a self-managed public equity and mortgage REIT, and handles its financing, origination and purchases, sales and financing of debt including whole loans, mezzanine loans, B-Notes, participations and syndications, and other real estate structured financing projects.
  • Represents special servicers handling CMBS and CLOs loans and foreign bank U.S. property portfolios.
  • Represents a real estate adviser who acquires and manages real estate assets across property type and life cycles with properties positioned to fulfill economic demands of ethnically diverse urban centers including refinancing, repositioning and reflagging a $100 million turnaround hotel project in Orlando, Florida.
  • Represented a collateral manager in working out several CDO assets including whole loans and multi-stacked mezzanine debt.
  • Represented conduit lender as outside general counsel on over 100 loans in a 12-month period in more than 30 states (and Puerto Rico) secured by core properties, hospitality, and healthcare facilities.
  • Represented a private U.S. REIT owned by an Australian public trust in all aspects of its acquiring, financing and managing of class A office projects in several major cities.
  • Represented a major life company and its real estate investment arm in all aspects of its real estate investment business, including the acquisition, disposition, financing, leasing and property management, and management of its general and separate account real estate portfolio.
  • Acted as the real estate team leader for major wireless communications companies and has had a lead role in organizing and closing several multi-tranche, multistate transactions for those clients, including the sale, lease or other transfer of cellular transfers in almost every state. 
  • Representative Transactions

  • Represented major investment bank in the formation of a joint venture multifamily investment fund with institutional investor ("Fund") with an initial capitalization of $200 million to invest in regional joint ventures for leveraged transactions to acquire and/or develop multifamily projects nationwide. Also closed the formation of three regional ventures (East Coast, West Coast/Pacific Northwest and Southeast) and continued to represent the Fund and each of the ventures in the acquisition and leveraging of 10 multifamily project transactions in seven states (two of which were construction transactions, with leveraged values for each transaction ranging between $15 million and $40 million) through portfolio and securitized financing.
  • Represented publicly traded specialty finance REIT acquisition and participation of whole loan portfolio valued at $118 million (with a junior participation and servicing retained by the loan seller) of 13 loans, multifamily, retail and industrial in nine states, and structured finance of same through a Canadian trust and subsequent sale in two tranches and unwind of financing.
  • Represented publicly traded specialty finance REIT acquisition, participation and later sale of $20 million B-Note secured New York hotel.
  • Represented publicly traded specialty finance REIT in the initial financing, participation, restructure and later sale of a $20 million mezzanine loan secured by SPE owner of a New York hotel subject to a securitized senior loan.
  • Represented specialty finance fund in acquisition and later finance, sale and restructure of participations in a $30 million loan secured by interests in a retail co-op unit on Fifth Avenue in New York City.
  • Represented bank in $44 million mixed retail/multifamily construction loan out of the Atlanta region and later syndication and multiple modification of the loan from construction to permanent financing. 
  • Represented major U.S. bank in a four-property $100 million cross-collateralized loan to hospitality REIT secured by four flagged hotels (with three different franchisors) in four states.
  • Represented REIT in formation of joint venture and $270 million acquisition and financing of office building in Florida with secured financing by syndication of lenders.
  • Represented REIT in $370 million acquisition of REIT and various subsidiaries with a portfolio of four office buildings in Washington, D.C., and Virginia with assumed financings.
  • Represented REIT in formation of joint venture, acquisition and financing of $40 million retail center in Florida and later dissolution and disposition of same.
  • Represented entrepreneurial investor in acquisition and financing of $40 million office complex in Georgia.
  • Represented wireless company in formation of joint venture to acquire (and later dispose of) wireless network involving more than 6,000 towers in California and New York.
  • Represented life company in the loan workout and disposition of $40 million loan secured by office building in Alabama.

Recognition

  • Listed in Chambers USA Guide to America’s Leading Lawyers for Business , Real Estate (2012)

Professional & Community Involvement

  • State Bar of Georgia 
    • Real Estate Section
  • American Bar Association
  • Atlanta Bar Association 
  • Mortgage Bankers Association 
  • Member, Commercial Real Estate Finance Council, CREFC formerly known as CMSA 
    • Board Member, CREFC Women’s Network Advisory Board (2018-Present)
    • Co-chair, CREFC Women’s Advisory Network, Atlanta, (2016- Present)
    • Co-chair, HVCRE Task Force, (2016-2019)
    • Member, Libor transition task force
    • Member, Servicers Forum, High Yield Debt Real Assets (HYDRA) Forum and Portfolio Lender Forum
    • Co-chair, Document Integrity Committee (CMSA) (2003-2006) 

Speaking Engagements

Marci is a frequent speaker on real estate finance, including conduit lending, CMBS and other real estate securitization-oriented topics. She has spoken on problem loan resolution strategies for lenders and borrowers, and at real estate, banking and capital market industry-related seminars, conferences and other continuing legal education events including ABA ((Real Estate section), CREFC, IMN, CCIM, and RMA.

Credentials

Education
  • Temple University Beasley School of Law (J.D., cum laude)
  • University of Pennsylvania (B.A.,cum laude)
  • Wharton School, University of Pennsylvania (B.S., cum laude)
Bar Admissions
  • Georgia
Court Admissions
  • Georgia State Courts

Background

  • Partner, Thompson Hine LLP, Atlanta
  • Partner, Alston & Bird LLP, Atlanta

Disclaimer

The information on this website is presented as a service for our clients and Internet users and is not intended to be legal advice, nor should you consider it as such. Although we welcome your inquiries, please keep in mind that merely contacting us will not establish an attorney-client relationship between us. Consequently, you should not convey any confidential information to us until a formal attorney-client relationship has been established. Please remember that electronic correspondence on the internet is not secure and that you should not include sensitive or confidential information in messages. With that in mind, we look forward to hearing from you.