Mark has practiced extensively in all aspects of commercial real estate since graduating from the University of Virginia law school in 1984. Among others, he has represented developers, lenders (permanent and construction), borrowers, retail companies, municipalities, landlords, tenants and investors in all aspects of real estate finance, zoning and development.
Although conversant with all aspects of commercial real estate (transactional and zoning), his practice features several specialties including (i) development and leasing; (ii) construction and permanent lending; (iii) public-private partnerships; (iv) acquisitions and dispositions; (v) lease disputes; and (vi) zoning and permitting in all jurisdictions of South Hampton and beyond. Additionally, Mark has substantial transactional experience in solar leases and other energy projects, as well as 1031 or Delaware Statutory Trust (DST) transactions.
In “down” real estate cycles, Mark has substantial experience working with national, regional and community-based banks on all aspects of loan workouts and restructurings, foreclosures (including deeds in lieu of foreclosure), lease issues, and the ultimate sale or other dispossession of troubled real estate loans and/or bank owned distressed real estate.
Mark has also worked as Borrower’s counsel on Freddie Mac and Fannie Mae loans for multi-family projects. Mark has substantial experience as acting as local counsel for numerous Virginia based transactions, including opinion letters and recording tax planning. He has been listed in “The Best Lawyers in America – Real Estate” since 2006. He previously served as chairman of the Commercial Real Estate Subcommittee of the Virginia State Bar Real Estate Section.
In addition to his substantial expertise in traditional real estate finance and development law, he also has experience with tax-exempt revenue bond finance, and has worked extensively with the firm’s Community Development Authority (CDA) team on numerous CDA/Tax-Increment Financing districts, including so-called “Town Center” projects.
- Represented the operator of a global port, terminal and inland services network as real estate counsel in a 20-year $800+ million port lease to the Virginia Port Authority, representing the leasing of the largest privately owned port facility on the East Coast.
- Represented New York based lender in the financing for the construction and development of the only privately owned toll bridge in the state of Virginia.
- Represented syndicate of money center banks as local real estate counsel on a $500,000,000.00 loan for a natural gas fired 802 MW gas turbine facility in Northern Virginia.
- Represented Borrower on the closing of a multi-family $50,000,000.00 Freddie Mac Assumption and $16,000,000.00 Freddie Mac Supplemental Loan.
- Represented Lender on the closing of a construction loan for a $35,000,000.00 Senior Living/Assisted Care Facility in Tidewater Virginia.
- Represented a regional bank in over 20 “workout” transactions including forbearance agreements, foreclosures, deeds in lieu of foreclosure, guaranty lawsuits, note sales, sale of real estate owned and related loan restructuring/distressed asset type transactions.
- Represented developer of an approximately 1,000-unit mixed-use PUD project in Chesapeake, Virginia, representing the largest mixed-use residential project currently under development in “Southside” Hampton Roads.
University of Virginia School of LawJD
Member, Editorial Board, Virginia Tax Review1984
University of VirginiaBA
with High Distinction1981
Former Chairman, Commercial Real Estate Subcommittee, Real Estate Section, Virginia State Bar
Founding Director, Hampton Roads Association of Commercial Real Estate
Board of Directors, Virginia Association of Commercial Real Estate, 1993-1997
Member, Real Estate Council, Virginia Bar Association, 2004-2006
Founding Chairman and Board of Directors, Great Bridge/Hickory YMCA, Chesapeake, Virginia, 2002-2004
Member, Board of Directors and Executive Committee, YMCA of South Hampton Roads, Norfolk, Virginia, 2002-2003
Founding Director, Families for Autistic Children of Tidewater (FACT), Tidewater Virginia, 1995
Member, Endowment Committee, Fortune Maison Orphanage Foundation, Pondiassou, Haiti, 2008, 2009
Founding Director, The Voice of Autism, Tidewater, Virginia, 2012
- Author, Opportunity Zone Proposed Regulations Move Investors and Funds Forward, McGuireWoods Legal Alert, November 16, 2018
- Author, IRS and Treasury Issue Opportunity Zone Proposed Regulations and Guidance, McGuireWoods Legal Alert, October 19, 2018
- Author, 2014 Virginia Legislation Affecting Real Estate Industry, McGuireWoods Legal Alert, May 30, 2014
- Author, Use of Tourism Development Financing Program on the Rise in Virginia, McGuireWoods Legal Alert, April 3, 2014
- Author, Supreme Court Favors Property Owner in a Florida Property Rights Case: Koontz v. St. John River Water Management District, McGuireWoods Legal Alert, July 18, 2013
- Author, 2013 Virginia Legislation Affecting Real Estate Industry, McGuireWoods Legal Alert, May 2, 2013
- U.S. Court of Appeals for the 4th Circuit
Selected for inclusion in The Best Lawyers in America, Real Estate Law, Woodward/White, Inc., 2006-2024
Named to “Virginia Super Lawyers,” Real Estate, Super Lawyers, Thomson Reuters, 2006