Our Team
Experienced, dedicated, and focused
Biography
John J. Tucker is a seasoned commercial real estate and real estate finance attorney, whose varied experience in the industry, which includes associate and partner positions in large, international law firms as well as boutiques, has provided him with a unique insight into the (at times turbulent) cycles of the national real estate market and how to best assist his clients in navigating these cycles, whatever their particular goals may be. With this insight, he places a premium on providing the most cost and time efficient and highest quality services to his clients. During his twenty (20) plus years of experience, he has represented various market participants in all types and stages of real estate and real estate finance transactions, including national and regional banks, public and private REITs, developers, funds, individual investors and syndicates of investors, investment banks, institutional lenders and other finance companies, as well as master and special servicers. His practice spans the boom times of the real estate market, as well as the recession eras of the national and global economies.
Areas of Concentration
John focuses his national practice on a variety of real estate matters with a particular emphasis on the financing of real estate projects, representing funds, investment banks, commercial banks, insurance companies and other institutional and alternative lenders in connection with commercial mortgage loan originations, securitizations (CMBS and CLO execution), servicing, workouts and restructurings, mezzanine, subordinate debt and pari passu financings, as well as whole loan sales, participations, splits and syndications. John’s experience includes fixed and floating rate loans, balance sheet, permanent, construction, bridge as well as conduit loans, involving, among things, credit-tenant leases and leasehold financings (including sub-ground lease financings); sale-leasebacks; master leases; multi-borrower, multi-property and multi-state financings; tenants-in-common borrowing structures; fractured condominium regimes; tax-incentivized developments (including tax increment financing, historic tax credit, low income housing, industrial development agency and PILOT (or “payment-in-lieu of taxes”) program-driven developments); mezzanine, subordinate debt and preferred equity. He handles acquisitions and dispositions of distressed assets, including the representation of buyers and servicers in workouts, foreclosures, discounted payoffs and REO sales. John’s experience encompasses virtually all asset classes located throughout the nation.
John is also experienced in representing public and private REITs, private equity funds and other investors, as well as national, regional and local real estate developers, builders, owners and operators in the acquisition, disposition, financing and development of all types of commercial real estate, as well as the formation of deal-specific and programmatic joint ventures in connection with such activities. Additionally, he is experienced in virtually all types of commercial lending transactions, representing lenders and borrowers in syndicated, bi-lateral and other non-syndicated secured and unsecured credit facilities, as well as representing SBIC funds in the financing of mergers, acquisitions and other business combinations involving qualifying companies.
Select Representative Matters
- Represented national mortgage lender in various multi-property and multi-state sale-leaseback transactions, including (i) a $230,500,000 sale-leaseback transaction involving 181 franchise restaurants in 22 states and subsequent bifurcation of such financing into two (2) pari passu notes, and (ii) a $30,000,000 sale-leaseback transaction involving 13 c-stores and gas stations in multiple states
- Lead counsel to multiple securitized lenders, structuring and negotiating commercial mortgage loans secured by all asset classes and involving, among other things, leasehold and subleasehold financings, mezzanine and subordinate debt, preferred equity, bifurcated and multi-tranched notes and capital stacks, credit-tenant-lease transactions, tenant-in-common structures, hyperamortization features and fractured condominium regimes.
- Lead counsel to CMBS lender in the origination of mortgage loans to repeat sponsor totaling $41,200,000, secured by two single tenant retail centers in Miami and Dania Beach, Florida.
- Lead counsel to CMBS lenders in the origination and securitization of mortgage loans to repeat sponsor totaling $45,000,000, secured by 491-unit multi-family complex in Miami and several multi-family complexes in Texas.
- Lead counsel to CMBS lender in the $23,300,000 joint venture financing of eight industrial and office properties located in New York, involving, among other things, Industrial Development Agency leases, PILOT programs and PILOT mortgages.
- Lead counsel to CMBS lender in the $35,000,000 refinancing of an anchored retail shopping center located in Pennsylvania and involving subordinate debt.
- Lead counsel to CMBS lender in the refinancing of two self-storage properties located in Brooklyn, New York, totaling $31,500,000.
- Represented CMBS lender in two affiliated mortgage loans totaling $47,750,000, secured by two office buildings located in Manhattan
- Represented CMBS lender in the $21,000,000 refinancing of a single tenant outdoor retail center located in Florida, structured with “hyperamortization” features
- Lead counsel to CMBS lender in multi-property self-storage portfolio loan, totaling $21,500,000
- Lead counsel to CMBS lender in the refinancing of a GSA single tenant office building in Louisiana, totaling $36,000,000
- Represented investment bank in the origination and securitization of two companion mortgage and mezzanine financings, secured by multiple properties in Massachusetts
- Lead counsel to foreign bank in the origination and securitization of a $58,000,000 sub-leasehold mortgage loan structured as an IDOT and reverse 1031 exchange transaction, secured by a Class A office building located in Baltimore
- Lead counsel to investment bank in the origination and securitization of ground lease mortgage financing of flagged hotel and convention center located in Austin, Texas
- Lead counsel to CMBS lenders in mortgage loans to repeat sponsor totaling approximately $53,000,000 and secured by various single and multi-tenant retail properties in Florida and Texas, involving, among other things, fractured condominium regimes
- Lead counsel to CMBS lender in the refinancing of several multi-family complexes in Tennessee, totaling $65,000,000
- Lead counsel to CMBS lender in multi-property self-storage portfolio loan, totaling $21,500,000
- Lead counsel to CMBS lender in multi-property, multi-state, retail portfolio loan in the amount of $19,800,000, involving, among other things, Industrial Development Agency leases, PILOT programs and PILOT mortgages
- Representation of investment bank in the origination and securitization of two companion mortgage loans totaling $114,500,000 secured by two Class A office buildings and involving mezzanine debt totaling approximately $15,000,000
- Representation of national statistical rating agency in connection with its pre-securitization evaluation of commercial mortgage loans containing mezzanine debt, subordinate debt, preferred equity, A/B and pari passu features
- Lead counsel to CMBS lender in the “co-origination,” acquisition and securitization of component note of $54 million mortgage loan secured by a historic hotel in Denver, Colorado, involving fractured condominium and ground leased structures
- Lead counsel to CMBS lender in the origination of a $56 million mortgage loan secured by a municipal center in Oakland, California, represented by six (6) pari passu component notes, and the subsequent sale and securitization of such component notes into separate secondary market transactions.
- Lead counsel to CMBS lender in the origination of a $57 million mortgage loan secured by a Class A office building in downtown Cleveland, and the subsequent severance of such loan into two (2) pari passu component notes and sale and securitization of the component notes into separate secondary market transactions
- Lead counsel to real estate focused private equity fund from fund inception, i.e., from the fund planning, organization and formation stage (including the initial capitalization stage) through its current operational stage as a well-capitalized investment fund with hundreds of millions of dollars’ worth of assets either owned by such fund directly or via its subsidiaries and/or joint ventures or under its management
- Counsel to private fund in the acquisition and disposition of distressed commercial mortgage loans, including modifications, workouts, deed-in-lieu transactions, foreclosures, discounted payoffs and the sale of REO properties
- Represented publicly-traded REIT in the acquisition, disposition and financing of various types of assets, including joint venture transactions in connection with new development and re-development projects
- Lead counsel to SBIC fund in the mezzanine, convertible debt, preferred and common equity financing of acquisitions of multiple privately-held “qualifying” companies and businesses
- Represented national statistical rating agency in its securitization ratings evaluations and analyses of commercial mortgage loan transactions containing mezzanine debt, pari passu components, subordinate debt, preferred equity and other multi-tranched capital stacks and the corresponding evaluation and analysis of the accompanying intercreditor, co-lender, subordination and recognition agreements
- Lead counsel to national bank in senior development and term loan credit facilities secured by multiple franchised restaurants in various states, involving second lien and mezzanine financings
- Lead counsel to REIT in the mortgage and mezzanine financing of 2 malls in Indiana
- Lead counsel to national bank in senior development and term loan credit facilities secured by multiple Wendy’s-branded fast food restaurants in multiple states
- Represented national bank in the acquisition of approximately 1,000 commercial and residential mortgage and personal property loans from failing regional bank
- Represented national mortgage lender in the modification of $70,000,000 term loan secured by multiple franchised restaurants in 14 states
- Represented national mortgage lender in $30,000,000 loan assumption transaction involving approximately 54 franchised restaurants in 5 states and a leveraged buy-out and corporate restructuring of mortgage borrowers’ sponsor entity
- Represented hospitality REIT in the re-financing of $100,000,000 senior mortgage and $45,000,000 subordinate debt secured by 2 first class hotels and resorts
- Lead counsel to foreign bank in the modification, workout and foreclosure of mortgage and mezzanine loans secured by hotel, retail and office properties in multiple states
- Lead counsel to private investment fund in the origination, sale and workout of mezzanine loans involving multifamily, retail and other commercial development projects
- National “forms” counsel to leading CMBS and balance sheet mortgage lender in preparing and updating national form mortgage loan documents for use throughout the country; also responsible for coordinating and working with local counsel in the preparation of state-specific instruction sheets in order to tailor each form document to local law requirements and conforming same to CMBS 2.0 (i.e., post “Great Recession”) requirements
- Counsel to seller in $140,000,000 sale of approximately 175 gas stations and convenience stores in 3 states
- Lead counsel to private equity fund in the acquisition of approximately 114 outdoor advertising sites in 3 states
- Lead counsel to publicly-traded REIT in the acquisition of a shopping center in Arkansas, involving first lien mortgage and mezzanine financing
- Lead counsel to publicly-traded REIT in joint venture formation and negotiation in connection with the acquisition of raw land, development rights and other related entitlements and the development and construction financing of two (2) first class LEED-certified office buildings in Northern Virginia
- Represented publicly-traded hospitality REIT in multiple acquisitions, dispositions and financings of first class hotels and resorts around the country
- Continuous representation of retail REIT in the acquisition, disposition, leasing and financing of shopping malls and retail centers throughout the country
- Continuous representation of private equity fund in the acquisition and disposition of portfolio companies
- Lead counsel to publicly-traded REIT in the re-financing of twenty-five (25) multi-family projects in several states
- Lead counsel to national mortgage lender in a $30,000,000 sale-leaseback transaction involving 13 c-stores and gas stations in multiple states
- Counsel to seller in potential $140,000,000 sale of approximately 175 gas stations and convenience stores in 3 states
- Represented national mortgage lender in $30,000,000 loan assumption transaction involving approximately 54 franchise restaurants in 5 states and a leveraged buy-out and corporate restructuring of mortgage borrowers’ sponsor entity
- Lead counsel to foreign bank in the modification, workout and foreclosure of mortgage and mezzanine loans secured by hotel, retail and office properties in multiple states
- Lead counsel to national mortgage lender in a $45 million sale-leaseback transaction involving multiple franchised properties in multiple states
- Lead counsel to national mortgage lender in a $21 million sale-leaseback transaction involving multiple franchised properties in multiple states
- Lead counsel to national mortgage lender in a $15 million sale-leaseback transaction involving multiple franchised properties in multiple states
- Represented national mortgage lender in the modification of $70,000,000 term loan secured by multiple franchised restaurants in 14 states
- Lead counsel to senior lender in the senior and mezzanine financing of sixteen (16) franchise restaurants across multiple states
- Lead counsel to “small cap” mezzanine lender in the financing of multiple properties located in multiple states
- Represented financial institution in the acquisition from the FDIC of the assets of multiple failed banks
Qualifications
- J. D., Southern Methodist University Dedman School of Law, 2001
- B. A., University of Alabama, 1997
- Admitted to practice in Texas
Professional & Community Involvement
- Member, American Bar Association
- Past Member, CRE Finance Council
- Past Member, Mortgage Bankers Association
- Member, State Bar of Texas, Real Estate and Probate Section
- Past Member, The Texas Real Estate Council
Personal
Outside of the office, John enjoys college sports, literature, reading and studying history, working out, board sports and travel.
