Joseph Lubinski
Joseph Lubinski

Joseph E. Lubinski

Partner

lubinskij@ballardspahr.com
Tel 303.299.7359
Fax 303.296.3956
Denver

Joseph E. (Joey) Lubinski is the co-leader of the firm's Insurance Company and Institutional Investments Team and a Fellow in the American College of Mortgage Attorneys. Mr. Lubinski counsels clients on a variety of complex real estate financing matters. He represents national and regional banks, life insurance companies, and private equity firms in the origination of permanent, construction and mezzanine loans of all sizes and also represents special servicers and other lenders in loan workouts and foreclosures. He co-authored the Colorado chapter of the state-by-state Foreclosure Law and Related Remedies guide published by the American Bar Association. 

Mr. Lubinski also represents REITs, developers, and community development entities in the acquisition, sale, and development of mixed-use projects, multifamily complexes, and resort and hotel condominiums. He is the Chair of the Hotels, Timesharing and Common Interest Development Group of the ABA's Real Property Trust and Estate Section.

Along with Beverly Quail, Joey is the editor of Colorado Real Estate Forms and is a former editor of the real estate column for The Colorado Lawyer. He is a member of the Colorado Bar Association's Real Estate Section Council.

Representative Matters

Real Estate Finance

  • Represented institutional lender in $141 million loan secured by 18 industrial properties located in 9 states
  • Represented life insurance company lender in $290 million loan secured by downtown office building
  • Represented institutional investor in $47.9 million loan secured by 5 industrial properties in 3 states
  • Represented institutional lender in $85 million loan secured by 19 industrial properties located across Colorado
  • Represented institutional lender in $82 million loan secured by downtown office building located in Denver
  • Represented life insurance company lender in $33 million loan secured by multifamily apartment complex located in Denver
  • Represented institutional lender in $24.5 million loan secured by downtown Denver office building
  • Represented borrower in $100 million loan secured by self-storage facilities located in 14 states 

Distressed Real Estate

  • Represented bank lender in connection with the negotiation of a deed in lieu of foreclosure to retail shopping center located in Thornton, Colorado 
  • Represented life insurance company lender in connection with the negotiation of a deed in lieu of foreclosure to office building located in Lakewood, Colorado 
  • Represented special servicer in commencement of foreclosure and ultimate short sale of property located in Woodland Park, Colorado 
  • Represented special servicer in negotiation of deed in lieu of foreclosure to Class A office building in downtown Denver 
  • Represented special servicers and lenders in the foreclosure of commercial real estate located across Colorado, including properties located in Aurora, Boulder, Colorado Springs, Denver, Eagle, Grand Junction, Lakewood, Thornton, and Westminster

Acquisitions, Dispositions, and Development

  • Represented purchaser in the acquisition of major multifamily apartment complexes located in Colorado, Connecticut, Florida, and Texas 
  • Represented major apartment REIT in the acquisition and disposition of more than 75 major multifamily apartment complexes across the country
  • Represented purchaser in the acquisition of major retail shopping center located in Douglas County, Colorado
  • Represented developer in the acquisition of 2,000 lot subdivision for future residential development in Lochbuie, Colorado
  • Represented developer in zoning and development of multi-phase, mixed-use condominium project in Snowmass Village, Colorado
  • Represented developer in preparation of condominium documents for mixed-use apartment and condominium project in Denver, Colorado
  • Represented developer of 39-unit luxury condominium located in Steamboat Springs, Colorado 
  • Represented national branded chain in development of timeshare projects located in Avon and Steamboat Springs, Colorado
  • Represented developer in acquisition and redevelopment of site in downtown Telluride, Colorado

Pro Bono Experience

Recipient, Ballard Spahr Pro Bono Award, 2007

Professional Activities 

Fellow, American College of Mortgage Attorneys (ACMA)

American Bar Association
Chair, Hospitality, Timesharing and Common Interest Development Group, Real Property, Trust and Estate Law Section
Vice Chair, Membership Committee, Real Property, Trust and Estate Law Section
Member, Continuing Legal Education Committee, Real Property, Trust and Estate Law Section
Member, Real Property Government Submissions, Real Property, Trust and Estate Law Section

Colorado Bar Association
Member, Real Estate Section Council

Denver Bar Association

Recognition & Accomplishments

The Best Lawyers in America, real estate law, 2015-2016

"Rising Star," Super Lawyers, 2010-2015

2012 Excellence in Writing Award recipient, ABA Section of Real Property, Trust and Estate Law’s Probate & Property magazine

"Up and Coming Lawyer" designation, Law Week Colorado, 2007

Publications

"New ILSFDA Condominium Unit Exemption Not Complete Exemption," Colorado Real Estate Journal, April 15, 2015

Co-author, "Condominium Unit Sales Exempt from Registration under ILSFDA," Ballard Spahr alert, September 24, 2014

"The Intent of Letters of Intent," Colorado Real Estate Journal, September 17, 2014

Co-author, "D.C. Court of Appeals Extinguishes Lender’s Mortgage Lien Following Association Lien Foreclosure," Ballard Spahr alert, September 11, 2014

"Restarting a Stalled Development Project: Options for Consideration," Colorado Real Estate Journal, March 19-April 1, 2014

"Colorado Assessment Liens: Lenders Versus Associations," Colorado Real Estate Journal, December 18, 2013

"Complying with Interstate Land Sales Full Disclosure Act," Colorado Real Estate Journal, April 3, 2013

Co-author, "How Borrowers Should Deal with Special Servicers," American Bar Association's Probate & Property magazine, November/December 2012

"Do Your Due Diligence if Acquiring an Incomplete Development Project," Colorado Real Estate Journal, November 7, 2012

"Interstate Land Sales Full Disclosure Act 2012 Update," American Bar Association's eReport, February 2012

"Should the Lender Seek a Receiver?" American Bar Association's Probate & Property magazine, November/December 2011

Co-author, "Doing Deals with Servicers in the New Economy: Strategies and Structures for Modification, Acquisition and Resolution of Distressed CMBS Assets," a chapter in The ACREL Papers—Fall 2011, American Law Institute – American Bar Association, Fall 2011

"Buyer Beware when Purchasing Distressed Apartment Projects," Colorado Real Estate Journal, August 17, 2011

Speaking Engagements

Moderator, "Denver Capital Markets," Bisnow summit, May 19, 2015

Faculty, "Food for Thought: Liability Issues for the New Resort and Lifestyle Community," 26th Annual Spring Symposia, American Bar Association Section of Real Property, Trust and Estate Law, May 1, 2015

Moderator, "Future of Downtown Denver," Bisnow summit, October 15, 2014

"Fundamentals of Purchase and Sale Agreements," 2014 Colorado Bar Association Real Estate Symposium, July 11, 2014

Faculty, "The New Consumer Financial Protection Bureau Regulations: What Do They Mean for Your Clients?" Colorado Bar Association CLE, September 27, 2013

"UCIOA Update," 2013 Fall Leadership Meeting, American Bar Association Section of Real Property, Trust and Estate Law, November 8, 2013

Faculty, "Special Servicers and Defaulted CMBS Loans," Strafford CLE webinar/teleconference with interactive Q&A, February 21, 2013, and November 20, 2013

"Where's the Deed of Trust?" Colorado Bar Association Real Estate Section, September 6, 2012

"ILSFDA Update," 2011 Fall Leadership Meeting, American Bar Association Section of Real Property, Trust and Estate Law, November 5, 2011

Moderator, "Financial Statements 101 – An Accounting Primer for Tax Attorneys," 2011 Joint Fall CLE Meeting, American Bar Association Section of Real Property, Trust and Estate Law, October 21, 2011

"Timesharing Scams: Resale Promises and Transfer Company Dreams," 22nd Annual Spring Symposia, American Bar Association Section of Real Property, Trust & Estate Law, April 28, 2011

"Dodd-Frank and You: What Real Estate Attorneys Need to Know about the Wall Street Reform and Consumer Protection Act," Colorado Bar Association Real Estate Section, September 2, 2010

"Distressed Assets and Financing in 2010," 21st Annual Spring Symposia, American Bar Association Section of Real Property, Trust & Estate Law, May 7, 2010

"Foreclosure Procedures," CLE, Sterling Education Services, Inc., March 13, 2008

Community Activities

2007 Impact Denver class member

Board Memberships

Mesa View Estates Master Association (2010-2012)

Community Services Advisory Board, Jefferson County, Colorado (2013-2014)

University of Colorado School of Law (J.D. 2003)
Articles Editor, University of Colorado Law Review; Member, Order of the Coif

University of Denver (B.A. 2000, magna cum laude)
Member, Phi Beta Kappa

Colorado