Overview

Mark Weibel, co-chair of Holland & Knight's Real Estate Capital Markets Practice Group, is a real estate capital markets attorney in Holland & Knight's Dallas office who focuses his practice on all phases of commercial real estate capital markets transactions, including securitizations involving the representation of conduit lenders, master servicers and special servicers in commercial mortgage-backed securities (CMBS), collateralized loan obligations (CLOs) and structured finance markets, as well as other related loan workout environments. In addition, he provides transactional support in connection with the transition of defaulted commercial real estate projects into bankruptcy and litigation. He has a wealth of knowledge and experience in capital markets, which provides a key benefit to his clients and their commercial real estate – and commercial real estate finance – transactions.

Mr. Weibel has counseled financial institutions, private equity groups and Fortune 100 companies with their commercial real estate projects, including capital structuring, securitizations (such as collateralized loan obligations and collateralized debt obligations), financings, acquisitions, development and dispositions.

Mr. Weibel is regularly featured in Chambers USA, The Best Lawyers in America, The Best Lawyers in Texas and The Legal 500 USA for his work in structured finance and commercial real estate law, and was named the 2018 "Lawyer of the Year" in Dallas Securitization and Structured Finance Law by The Best Lawyers in America guide.

Representative Experience

  • Served as lead counsel for the collateral agent on a $22 billion portfolio of alternative energy projects guaranteed by the U.S. Department of Energy (DOE)
  • Lead counsel for a seller/depositor in a:
    • $125 million collateralized loan obligation (CLO) securitization involving 18 loans secured by commercial real estate properties located throughout the United States
    • $260 million CLO securitization involving 20 loans secured by commercial real estate properties located throughout the United States
  • Lead counsel for a special servicer in a:
    • $959 million traditional securitization involving 25 loans secured by commercial real estate properties located throughout the United States
    • $272 million traditional securitization involving two loans secured by commercial real estate properties located throughout the United States
    • $800 million traditional securitization involving 46 loans secured by commercial real estate properties located throughout the United States
  • Served as special real estate counsel for trustee of liquidating trust created by Plan of Liquidation from Specialty Collection - Insolvency (SCI) Chapter 11 bankruptcy filing by the second largest syndicator of tenant-in-common interests in the United States, involving 57 commercial real estate projects with an estimated acquisition value of $1.6 billion
  • Lead counsel for two securitized business trusts (real estate mortgage investment conduit or REMIC) through their special servicers in a commercial real estate loan workout involving a $750 million multifamily portfolio – including numerous B-Notes, C-Notes, mezzanine lenders and intercreditor agreements – collateralized by 29 projects located throughout the United States
  • Lead counsel for various securitized business trusts (REMIC) through their special servicer in unrelated commercial real estate loan workouts involving a:
    • $250 million multifamily portfolio – including three mezzanine loans in the collective principal balance of $83 million – collateralized by 20 commercial real estate properties located throughout the United States
    • $170 million multifamily portfolio collateralized by 13 commercial real estate properties located throughout the United States
    • $160 million multifamily portfolio, including mezzanine debt, involving four Class A commercial real estate properties located in Austin, Texas
    • collateralized debt obligation (CDO) portfolio involving a $110 million multifamily project collateralized by nine properties located throughout the United States
    • commercial real estate loan collateralized by ground leases on a national chain of 83 restaurants located throughout the United States
    • securitized synthetic lease collateralized by assets and revenue generated by a national retailer in a Chapter 11 bankruptcy
  • Lead counsel for a securitized grantor business trust through its special servicer in the deconstruction of a $100 million single-asset securitization comprised of a commercial real estate loan secured by assets and revenue generated from a worldwide manufacturer of automobile parts and accessories
  • Lead counsel for a life insurance company in receivership in the state of Washington in the workout of a commercial real estate senior secured loan collateralized by a nuclear fallout shelter that included a second secured creditor in bankruptcy in Nevada, a third secured creditor, a borrower having filed a Chapter 11 bankruptcy, and an unrelated third-party attempting to force a sale of the senior secured position pursuant to an intercreditor agreement

  • Co-lead counsel for the acquisition, redevelopment, permanent and tax increment financing (TIF) of the 1.5 million-square-foot historic First National Bank Building at 1401 Elm Street in Dallas, Texas, as part of the planned $170 million conversion of the vacant skyscraper into a mixed-use, multifamily, office and retail commercial real estate project
  • Lead counsel for a worldwide truck transportation company in a $155 million sale-leaseback transaction involving 32 properties located throughout the United States
  • Lead counsel for a Texas utility company in a multimillion-dollar project involving the decommissioning, remediation, implosion and sale of an electricity generation power plant facility
  • Lead counsel for the City of Garland, Texas, in a multimillion-dollar public-private partnership, including a Section 380 grant and an economic incentive package, with Trammell Crow for a mixed-use commercial real estate development project
  • Lead counsel for the City of Irving, Texas, in negotiations with the Dallas Cowboys organization regarding their departure and transition from Texas Stadium to their new stadium in Arlington, Texas
  • Lead counsel for the City of Garland in a multimillion-dollar public-private partnership, including a Section 380 grant and an economic incentive package, involving a commercial real estate project anchored by Bass Pro Shop
  • Lead counsel for a Fortune 100 company in all aspects of its commercial real estate holdings with properties located throughout the United States, including purchase, lease, development, disposition and financing, among others
  • Lead counsel for an industrial real estate developer in the leasing, acquisition, construction financing and permanent financing of a 150,000-square-foot national office/warehouse distribution facility
  • Lead counsel for an industrial real estate developer in the leasing, acquisition, construction financing and permanent financing of a 500,000-square-foot national warehouse/distribution facility
  • Lead counsel for a publicly traded master limited partnership in its acquisition, leasing, financing (interim and permanent) and disposition of office buildings located throughout the United States

Credentials

Education
  • Oklahoma City University School of Law, J.D.
  • University of Oklahoma, B.B.A.
Bar Admissions/Licenses
  • Oklahoma
  • Texas
Memberships
  • American Bar Association, Business Law Section
  • State Bar of Texas, Real Estate, Probate & Trust Law Section
  • Dallas Bar Association, Real Property Law Section
  • State Bar of Oklahoma
  • Commercial Real Estate Finance Council (CREFC)
  • CREFC Programming Committee
  • CREFC High Yield Forum Educational Summit, Chair, 2012, 2013, 2016-2020
  • CREFC High Yield Forum Steering Committee, 2012
  • Mortgage Bankers Association (MBA), Commercial Real Estate/Multifamily Finance Board of Governors (COMBOG), Board Member, 2014-2020
  • Oklahoma City University Law Review, 1985-1988
Honors & Awards
  • The Best Lawyers in America guideLitigation-Real Estate, Real Estate Law, Securitization and Structured Finance Law, 2007-2024
  • Chambers USA – America's Leading Business Lawyers guide, Real Estate, 2013-2023
  • The Best Lawyers in AmericaDallas Lawyer of the Year, Securitization and Structured Finance Law, 2018
  • The Best Lawyers in America, Dallas Lawyer of the Year, Litigation-Real Estate, 2013
  • Texas Super Lawyers magazine, 2010-2021
  • Best Lawyers in Dallas, D Magazine, Commercial Real Estate; Real Estate, 2011, 2014-2016
  • The Legal 500 USA, Recognized Attorney, Real Estate: Texas –Transactions and Finance, 2008-2009, 2011-2012, 2023; Real Estate and Construction: Real Estate, 2015, 2019-2020
  • The Best Lawyers in Texas, Structured Finance and Real Estate Law, 2008-2010
  • Martindale-Hubbell AV Preeminent Peer Review Rated
  • Kerr Foundation Scholar, Oklahoma City University School of Law, 1986-1988
  • Merit Scholar, Oklahoma City University School of Law, 1986-1988