People: Mitchell S. Kaplan, Partner

Photo of Mitchell S. Kaplan, Partner

Mitchell S. Kaplan

Partner

New York
Direct: (212) 218-5587
Fax: (212) 218-5526
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Mr. Kaplan is a real estate partner in the New York office of Seyfarth Shaw LLP.  His practice is focused on finance, leasing and conveyancing.  He has significant experience in complex real estate finance transactions, often with multiple levels of debt, including leasehold mortgage transactions, mezzanine loans, bridge loans, construction loans and cross-collateralized multi-state loans, and has also represented lenders and borrowers in loan facilities containing preferred equity/equity kicker components, “take-out” transactions and construction loans with conversion features to permanent loans.  His experience in lending transactions also includes structuring and closing all types of syndicated transactions, including co-lending deals, A/B notes and participation interests, as well as counseling lenders and borrowers in complex loan workouts and restructures.  He has represented both master servicers and special servicers in all aspects of their CMBS portfolios, including loan assumptions, consent requests, loan modifications, casualty and condemnations, SNDA’s, intercreditor and bond holder disputes/issues, and REO properties.  In addition, Mr. Kaplan has counseled both buyers and sellers of office buildings, commercial condominiums, apartment complexes, shopping centers, hotels and other commercial properties.  He also has considerable expertise in representing both landlords and tenants in office, retail and other commercial leasing transactions, including various corporate users in their commercial space needs.

Mr. Kaplan is a speaker on numerous topics, including subordinate real estate debt, lender liability issues, CMBS “2.0” issues for originators and servicers, subordination, non-disturbance and attornment agreements and recourse carve-out guarantees.

Mr. Kaplan is a real estate partner in the New York office of Seyfarth Shaw LLP.  His practice is focused on finance, leasing and conveyancing.  He has significant experience in complex real estate finance transactions, often with multiple levels of debt, including leasehold mortgage transactions, mezzanine loans, bridge loans, construction loans and cross-collateralized multi-state loans, and has also represented lenders and borrowers in loan facilities containing preferred equity/equity kicker components, “take-out” transactions and construction loans with conversion features to permanent loans.  His experience in lending transactions also includes structuring and closing all types of syndicated transactions, including co-lending deals, A/B notes and participation interests, as well as counseling lenders and borrowers in complex loan workouts and restructures.  He has represented both master servicers and special servicers in all aspects of their CMBS portfolios, including loan assumptions, consent requests, loan modifications, casualty and condemnations, SNDA’s, intercreditor and bond holder disputes/issues, and REO properties.  In addition, Mr. Kaplan has counseled both buyers and sellers of office buildings, commercial condominiums, apartment complexes, shopping centers, hotels and other commercial properties.  He also has considerable expertise in representing both landlords and tenants in office, retail and other commercial leasing transactions, including various corporate users in their commercial space needs.

Mr. Kaplan is a speaker on numerous topics, including subordinate real estate debt, lender liability issues, CMBS “2.0” issues for originators and servicers, subordination, non-disturbance and attornment agreements and recourse carve-out guarantees.

Education

  • J.D., New York University School of Law (1984)
  • B.S., University of Pennsylvania (1981)
    cum laude

Admissions

  • New Jersey
  • New York

Affiliations

  • Commercial Real Estate Finance Council

Publications

  • “Master Servicers and Special Servicers: A Basic Overview,” The Real Estate Finance Journal (Fall/Winter 2015)

Honors

  • Super Lawyers (New York) - Multiple Years
  • Legal 500 has recognized Mr. Kaplan as having “outstanding technical expertise that is unparalleled.”