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Mark Lewis Patterson

Special Counsel
mark.patterson@kattenlaw.com
Dallas Office
p+1.214.765.3659
Overview

Mark Patterson focuses his practice on a variety of real estate and real estate finance matters, including commercial mortgage-backed securities. He works with developers, lenders, servicers and investors in all stages of commercial real estate transactions, including buying, financing, developing, managing, operating, and selling commercial and retail real estate projects.

Highly experienced in complex commercial real estate and mortgage transactions, Mark has negotiated deals that vary in size, scope and product line. His clients include some of the nation’s most active servicers of real estate mortgage investment conduit trusts, private real estate equity funds and commercial real estate lenders. His lending experience, representing major national banks and national private finance companies, involves numerous multiproperty, multistate commercial real estate loans, ranging in size from the low millions to more than $500 million.

Mark has particular experience with special servicing matters, including workouts, restructurings, loan sales, modifications and foreclosures, as well as the documentation and closing of real estate owned property dispositions involving all asset classes. Additionally, he has documented all types of nontransfer matters, including loan assumptions and consents to transfers of equity interests and oil and gas leases. Mark also provides transactional support for specially serviced matters moving into litigation and bankruptcy.

Mark represents large, private equity investors in the organizational and operational documentation and development of real estate projects. His experience extends to the equity investors' exercise of rights and remedies to "kickout" managers and general partners, and the accompanying loan workout negotiations with lenders on the "borrower" side. He also works with specialty financial services and investment management companies on nonservicing matters, such as representing regional centers assisting foreign nationals in obtaining domestic EB-5 Visas.

Mark is a certified public accountant licensed in the State of Texas. Prior to attending law school, he served as assistant vice president and corporate trust officer for Texas Commerce Bank in Houston, and he worked in the accounting and tax departments of Gulf Oil Company and Key Oil Company.

Shown below is a selection of Mark’s engagements.

Experience
  • While at a prior firm:
    • Represented one of the largest special servicers in the United States in the foreclosure of nondebtor TIC entities’ interests in Texas and California properties; foreclosure of a senior lender position in complication mezzanine and A/B note structures; workout of a multifamily/multistate property portfolio secured by individual security instruments, evidenced by a single note and requiring severance of said note into discrete, specific tranches; negotiations with recalcitrant borrowers refusing to strictly comply with loan document covenants, threatening lender liability lawsuits, orchestrating involuntary bankruptcies and attempting to hinder and delay, or otherwise interfere with, the substitute trustee’s agenda in conducting the nonjudicial foreclosure; foreclosure of properties in which the lender did not want to appear in the chain of title through creative bidding strategies designed to ensure a sale to third parties at the foreclosure; and negotiations with the developer in a payoff of loans through one of the largest single sales transactions of commercial properties in Dallas in 2011.
    • Counseled in a hard-money loan on one of the first real estate developments to utilize New Markets Tax Credit and Historic Tax Credit equity.
    • Advised on senior, mezzanine and participation loan structures in all aspects of construction financing and developing real estate in the Dallas central business district and other locations throughout the country.
    • Counseled regarding a hard-money loan on a condominium regime.
    • Counseled in the acquisition of a large office building in downtown Dallas, involving complicated and innovative seller-financing and documentation of parking rights.
    • Counseled on a large acquisition of developable land in Collin County, involving the negotiation and drafting of development agreements, reciprocal easements, declaration of restrictive covenants and other similar real estate contracts and agreements.
Articles
September 18, 2018
Author, The Basics of EB-5 Lending, UT Law CLE Mortgage Lending Institute
Winter 2005
Author, Principal/Agency Issues Facing Participants in the CMBS Industry, CMBS World
August 9, 2004
Author, Legal Pitfalls Loom Large in CMBS Transactions, Dallas Business Journal
Presentations
September 18, 2018
Presenter | The Basics of EB-5 Lending | UT Law CLE Mortgage Lending Institute | Austin, Texas
Mark Lewis Patterson

Education

  • JD, South Texas College of Law, cum laude
  • MBA, University of Houston, with honors
  • BBA, The University of Texas at Austin, with honors

Bar Admissions

  • Texas

Memberships

  • Dallas Bar Association, Real Property Section
  • State Bar of Texas, Real Property Section
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