Leader, Water Law Practice Group
- Extensive experience in assisting institutional and private lenders and borrowers in asset-based loan transactions, real estate financing, accounts receivable and inventory-based financing.
- Judicial and non-judicial foreclosures of apartment complexes, development property, and large commercial, industrial and residential properties.
- Commercial bankruptcy work-outs and UCC Article 9 collateral dispositions.
- Water law, including acquisition, sale and collateralization, and administrative proceedings in the Utah Division of Water Rights.
University of Utah, S. J. Quinney, Salt Lake City, Utah, J.D., 1980
Associate Editor, Journal of Contemporary Law, 1978-80
Weber State College, B.A., cum laude, 1974
Utah State Bar
Salt Lake County Bar Association
Water Law Committee, Utah State Bar, Past Chair
Utah State Board of Mandatory Continuing Legal Education, Past Chair
Diocesan Council of the Episcopal Diocese of Utah, Past Member
Salt Lake City Housing Trust Fund Advisory Board, 2007-present
Board of Trustees of the S.J. Quinney College of Law at the University of Utah, Past Member
Urban Land Institute, Associate Member
Born, Chicago, Illinois, 1954. Married. Two grown sons.
- Representative matters and experience include:
- Represented seller in seller-financed transaction involving 2400 residential mortgages in 38 states, for $42.5 million purchase price.
- Representing a commercial bank in a judicial foreclosure of its security interest in water rights.
- Representing the lead lender in mediation of its dispute with loan participants in an asset-based syndicated loan.
- Non-judicial and judicial foreclosures on behalf of a national bank in its capacity as trustee for holders of CMBS, backed by apartment complexes and office buildings.
- Review of loan documents and issuance of attorney opinion letters to secured lenders, including due authorization, enforceability, and non-consolidation opinions.
- Represented commercial bank in troubled loan workouts with equipment lessees and accounts pledgors.
- Representing a mortgage company in litigation over stream-of-payments sale.
- Representing a flooring lender in an Article 9 foreclosure of retail inventory and accounts receivable.
- Representing a motor fuel retailer in asset-based development loans exceeding $200 million.
- Assisting a public borrower in revenue bond-secured loan for municipal water system development.
- Assisting an owner-developer of a research and development campus in its acquisition of water rights for donation to municipality.
- Advising a residential real estate developer in administrative proceedings before Utah State Engineer in its application for approval of a change in water use from agricultural to domestic.
- Representing litigants in water easement, forfeiture, general determination and quiet title litigation.
- Negotiating and drafting retail and shopping center leases, cross-easement agreements, subordination and non-disturbance agreements, indemnity agreements, leases, ground leases, deeds of trust, mortgages, security agreements and collateral assignments, assignments of rents, and ancillary documents.
- Representing the buyer of a regional shopping center in a syndicated purchase-money loan transaction.
- Representing a commercial lender in negotiation and documentation of warehouse credit line.
- Advising commercial banks on regulatory issues with FDIC and state authorities.
- Representing assignees under assignments of rents, assisting in obtaining receiverships to collect rents pending completion of foreclosure proceedings.
- Foreclosure and receivership appointment of Wyoming hotel property, involving major brand franchise.
American College of Mortgage Attorneys, Fellow (a peer-nominated group of approximately 400 lawyers in North America who are highly skilled and experienced in the preparation of real estate mortgages, lending transactions secured by real estate and related practice). (www.acmaatty.org).
Best Lawyers In America, “Salt Lake City Best Lawyers LItigation-Banking and Finance Law Lawyer Of The Year,” 2013
Best Lawyers In America, “Salt Lake City Best Lawyers Banking and Finance Law Lawyer Of The Year,” 2012
Best Lawyers in America, (Banking Law, Bankruptcy and Creditor-Debtor Rights Law, and Real Estate Law)
Mountain States Super Lawyers (Utah, Idaho, Nevada, Montana and Wyoming) in Banking Law, 2008-2011.
Utah Super Lawyers, 2008-2013
Utah Business magazine, Legal Elite, 2006-2013