Mitchell S.Kaplan

Representing both loan originators and loan servicers, such as CMBS master and special servicers, gives Mitchell a unique understanding of the practical implications and importance of certain loan provisions and structures, and the impact they have in various post-closing scenarios, including situations where properties encounter economic problems or other negative situations. Having been through several economic cycles during his career, Mitchell has represented lenders, loan servicers, and borrowers in a wide variety of loan restructurings, workouts and enforcements.

Working extensively with mortgage loan servicers on borrower consent requests, loan assumptions, construction loan administration, casualty situations, SNDA's, and workouts and restructures has given Mitchell a valuable perspective in representing both lenders and borrowers in loan originations by building into the loan documents on origination provisions that address potential post-closing scenarios in a clear and unambiguous manner. This perspective has also been enormously helpful in negotiating the terms of co-lender and intercreditor agreements on behalf of both senior and junior lenders.

In addition, Mitchell has counseled both buyers and sellers of office buildings, commercial condominiums, apartment complexes, shopping centers, hotels and other commercial properties. He also has considerable experience in representing both landlords and tenants in office, retail, and other commercial leasing transactions, including various corporate users in their commercial space needs.

Mitchell finds tenable positions, whether conceptually or language-driven, when negotiations reach an impasse, where other practicing attorneys might not have the experience or confidence to be creative in reaching a solution.

At Seyfarth, Mitchell enjoys the team spirit that cuts across all offices and practice areas. This sentiment is evidenced by the success he has had in utilizing experts in different practice areas or geographic locations at Seyfarth when needed.