David P. Cohen

David P. Cohen focuses his practice on real estate acquisitions, dispositions, finance and development. Mr. Cohen has broad experience representing developers, lenders and investors in all facets of real estate transactions, with a particular emphasis on multifamily, mixed-use and hotel properties. Mr. Cohen often counsels clients in connection with commercial and mezzanine loan programs, as well as securitizations of conduit loans, and the sales or restructurings of such loans. Mr. Cohen’s work on distressed transactions includes note sales, deeds in lieu, repositioning of underperforming assets, discounted payoffs, sales and refinancings with back-end participation interests, conversions of mezzanine loans to preferred equity, and other recapitalization strategies.

Mr. Cohen also has a substantial background in affordable housing and community development programs, with extensive experience in tax-exempt bond financings, tax credit syndications (including low income housing tax credits, new market tax credits and historic rehabilitation tax credits), TIF financings, Section 8, and FHA, Fannie Mae and Freddie Mac mortgage loan transactions. Mr. Cohen has also counseled cities and other government authorities in connection with their housing and community development programs.

Mr. Cohen is a frequent speaker and has authored a number of publications including “Improving the Supply of Affordable Housing: The Role of the Low-Income Housing Tax Credit,” that appeared in the Journal of Law and Policy.

Mr. Cohen received his B.A. in finance, with distinction, from the University of Illinois in 1992 where he was summa cum laude, Phi Beta Kappa and Bronze Tablet (University Highest Honors). He earned his J.D. from the University of California at Berkeley - Boalt Hall School of Law in 1997 and earned a Master of Public Policy the same year. Mr. Cohen is a member of the American Bar Association and the ABA Forum on Affordable Housing and Community Development Law. He is admitted to practice in Illinois (1999) and California (2002).

Mr. Cohen’s recent transactions include:

• Representation of a mezzanine lender in conversion of mezzanine loan to preferred equity and subsequent recapitalization of an apartment complex.
• Counsel to an investor in the monetization and sale of low-income housing tax credits involving a portfolio of multifamily properties.
• Representation of various mortgage lenders in the foreclosure and subsequent sale of flagged hotel properties throughout the United States.
• Counsel to a developer in the acquisition and assemblage of land parcels and subsequent redevelopment of a previously blighted property into a mixed-use development.
• Representation of an investor in the workout of a distressed multifamily project and subsequent HUD refinancing.
• Counsel to a tax credit investor in connection with investments in several 80-20 transactions in New York City.
• Counsel to a low-income housing tax credit developer in obtaining seven tranches of financing, including TCAP and Section 1602 (tax credit exchange), AHP funds, tax increment financing and green grants.
• Representation of a developer in mixed-finance transaction involving HOPE VI and other public housing grant funds, private first mortgage financing, tax increment financing (that was bridged with a loan from the public housing authority) and tax credit equity.
• Counsel to a developer in the development of a mixed-use project that included a LIHTC project financed with a tax credit equity, TCAP funds and California redevelopment agency financing.
• Representation of a public housing authority in connection with a mixed-finance transaction involving public housing grants (including stimulus act capital grants), HOME funds and tax increment financing.