People: John S. Hetzel, Partner

Photo of John S. Hetzel, Partner

John S. Hetzel

Partner

Atlanta
Direct: (404) 885-6681
Fax: (404) 724-1681
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John S. Hetzel is a partner in the Atlanta office of Seyfarth Shaw LLP. A member of the firm's Structured and Real Estate Finance and Development practice groups, Mr. Hetzel has represented lenders and borrowers in construction, permanent, conduit, mezzanine and revolving loans, as well as in numerous workouts. He has extensive experience representing institutional investment advisors in the formation of commingled investment funds and single-client accounts, as well as negotiating and consummating transactions on behalf of such funds. In addition, he has represented purchasers, sellers, landlords and tenants in the acquisition, sale and leasing of all types of commercial properties, as well as pools of commercial loans.

Mr. Hetzel currently represents homebuilders in connection with the acquisition and development of land for residential communities.  Prior to joining the firm, Mr. Hetzel was Senior Regional Counsel of a $9.4 Billion (sales) homebuilder and General Counsel of a $1.3 Billion (sales) homebuilder.

 

John S. Hetzel is a partner in the Atlanta office of Seyfarth Shaw LLP. A member of the firm's Structured and Real Estate Finance and Development practice groups, Mr. Hetzel has represented lenders and borrowers in construction, permanent, conduit, mezzanine and revolving loans, as well as in numerous workouts. He has extensive experience representing institutional investment advisors in the formation of commingled investment funds and single-client accounts, as well as negotiating and consummating transactions on behalf of such funds. In addition, he has represented purchasers, sellers, landlords and tenants in the acquisition, sale and leasing of all types of commercial properties, as well as pools of commercial loans.

Mr. Hetzel currently represents homebuilders in connection with the acquisition and development of land for residential communities.  Prior to joining the firm, Mr. Hetzel was Senior Regional Counsel of a $9.4 Billion (sales) homebuilder and General Counsel of a $1.3 Billion (sales) homebuilder.

 

Education

  • J.D., Vanderbilt University School of Law (1988)
  • B.A., Indiana University (1985)

Admissions

  • Georgia

Affiliations

  • Real Estate Group of Atlanta (President, June 2009 - June 2010; Board of Directors, June 2003 - Present; Member, June 1993 - Present)
  • Pension Real Estate Association (Legislative Affairs Committee, March 2002 - March 2004; Member, October 1998 - March 2004)
  • State Bar of Georgia, Real Estate Section
     

Representative Engagements

  • $20,000,000 mezzanine loan behind $220,000,000 securitized first mortgage, secured by interest in owner of 45-story Chicago office tower
  • Acquisition of land for residential development in premier location, with Reciprocal Easement Agreement and Joint Development Agreement with adjacent office developer
  • Workout of $5,100,000 mezzanine/mortgage loan secured by interest in property-owning entities and real property
  • Acquisition of “B note” from major investment bank
  • Representation of REIT in $40,000,000 joint venture with fund managed by major investment bank, requiring contributions of entity interest
  • $248,000,000 acquisition of 50-story office tower in Chicago
  • Acquisition of five commingled mortgage funds with $350,000,000 under management
  • Formation of $400,000,000 commingled mortgage fund with private and public pension plans and other tax-exempt investors
  • Revolving credit facility consisting of $100,000,000 tranche secured by equity real estate and mortgages and $45,000,000 tranche secured by investors’ subscription agreements
  • $50,000,000 revolving credit facility secured by equity real estate and mortgages
  • $100,600,000 multi-lender mezzanine financing of five London, England hotels
  • $16,700,000 purchase of cumulative preferred stock in Texas REIT with properties in Texas and Maryland
  • Representation of Special Committee of Independent Directors of publicly-held REIT in connection with workout of two $200,000,000 credit facilities and $30,000,000 loan from affiliate
  • Representation of pension fund advisor in establishment of $400,000,000 small loan program with life insurance company
  • Representation of pension fund advisor in establishment of $200,000,000 construction loan co-lending program with major institutional investor
  • Establishment of $200,000,000 whole loan program for state investment fund, including formulation of procedures, drafting all form documents and closing all loans east of the Mississippi
  • Leveraged joint venture acquisitions of hotels in California, Nevada and Arizona utilizing operating lease structure to avoid unrelated business taxable income for tax-exempt investors
  • $11,647,000 acquisition of pool of equity real estate and commercial mortgage loans
  • $42,896,000 sale to three purchasers of pools of commercial mortgage loans owned by four lenders
  • Numerous purchases and sales of shopping centers, office buildings, apartment projects, industrial projects and pools of loans
  • Numerous leases of industrial, office and retail space
  • Numerous workouts of troubled loans
  • Numerous construction and permanent (including conduit) loans

Presentations

  • “Letters of Intent, Statute of Frauds and Options,“ Lorman Legal Seminars (August 2003)
     

Publications

  • “Operating Companies Under ERISA,” Real Estate Finance Journal (September 1998)
  • “Options for Pension Plan Investments in Operating Companies Under ERISA,” New York Law Journal (March 23, 1998)
     

Community Involvement

  • Glenn Memorial United Methodist Church (Chair, Church Growth Committee, January 2005 - December 2006; Chair, Stewardship Committee, December 2003 - March 2005; Finance Committee, December 2000 - December 2003)
  • Wesley Community Centers, Inc. (President, May 1997 - April 1998; Vice President, May 1995 - April 1997; Board of Directors, May 1992 - April 1998)