David G. Moss

Lending and Private Equity Investment

• Represented institutional lender in $80 million healthcare finance loan secured by skilled nursing facilities in New York, Rhode Island and Vermont.
• Represented institutional lender in origination of $60 million construction loan.
• Represented debt fund in connection with $5 million mezzanine loan and negotiation of intercreditor agreement.
• Represented a subsidiary of SME Capital Ventures LLC, a private bridge lender, in its upsizing of an existing junior mezzanine loan, as part of a larger construction facility with a leading mortgage and senior mezzanine lender, to develop a 60,000 square foot ,19-story luxury residential condominium in New York City.
• Represented preferred equity investor in the deployment of a $5 million investment for a transitional real estate project in New York, New York.
• Represented debt fund in connection with $19 million preferred equity investment in a large development in Long Island City, New York.
• Represented private lender in connection with $30 million acquisition and construction financing in New York City.
• Represented hedge fund in connection with origination of $25 million bridge loan.
• Represented lender in connection with origination of $11.5 million acquisition financing.
• Represented foreign lender in connection with $8 million subordinate financing.

Acquisition, Finance and Development

• Represented Evenhar Development Corporation in its development of a 190,000 square foot three-property assemblage in Harlem, New York.
• Represented a joint venture of Evenhar Development Corp and LTNG in connection with a 75,000 square foot mixed -use commercial and residential condominium development in midtown Manhattan, formed through a combination of a ground lease and fee title assemblage of properties, with fee and ground lease financing from Tilden Park and Fort Amsterdam, as a precursor to a $40 million construction loan.
• Represented developer in co-general partner and limited partner investment structures for a $60 million fee and ground lease development project in New York, New York.
• Represented REIT in connection with $240 million acquisition of office building and fee and leasehold debt.
• Represented developer in connection with $120 million tax-structured disposition of boutique hotel in New York City.
• Represented developer in ground lease development project.
• Represented syndicate in $93 million acquisition and sale leaseback of office park with mortgage and mezzanine financing.
• Represented motel developer in connection with $127 million portfolio refinance of motels in over fifteen states.
• Represented sponsor in $10 million purchase and financing of Lower East Side mixed-use property.
• Represented developer in connection with $32 million sale of office building with defeasance of underlying mortgage.
• Represented developer in connection with $15 million acquisition of New York City office building as part of an assemblage.
• Represented developer in connection with acquisition and development of New York City site for condominium conversion.

Distressed Real Estate

• Represented real estate investment firm in connection with purchase of five defaulted mortgage loans with $90 million balance.
• Represented investor in purchase of defaulted senior loan with note-on-note financing to gain control of asset in bankruptcy and structured bankruptcy exit with plan providing control of asset free and clear of transfer taxes and mortgage tax.
• Represented a subsidiary of SME Capital Ventures LLC in conducting a UCC foreclosure of a $4 million mezzanine loan where the borrower, a subsidiary of The Pink Stone Capital Group, had gone into default; the collateral consisted of membership interest in three limited liability companies that own a fractured commercial and residential condominium in New York’s Soho neighborhood.
• Represented real estate investment firm in connection with its $32,5 million refinancing of an existing$24.5 million construction loan subject to a forbearance agreement in connection with the completion of an 80,000 square foot development in New York City, including 421-a affordable housing, NYC Fresh Program and community facility components for zoning bonuses.
• Represented lender in workout and restructure of subordinate construction loan with senior lender and borrower.