Dominic J. De Simone is the Co-Chair of Ballard Spahr's national Finance Department, and Team Leader of the firm's Private Equity Real Estate, Commercial Loan Servicing, and Distressed Real Estate teams. He practices general real estate law, with a focus on real estate finance, transaction structuring and restructuring, and distressed real estate matters on behalf of lenders, special servicers, investors, and borrowers. Dom also has extensive experience representing real estate purchasers and sellers, developers, landlords and tenants, and court-appointed receivers.
Dom is particularly known for his work with balance-sheet and CMBS loan originations, construction loan transactions, intercreditor matters, loan and investment structuring and restructurings, and workout and enforcement matters, all involving such varied project types as retail, office, industrial, multifamily, student housing, hotel, residential and commercial condominiums including broken condominiums, single-family tract development, assisted-living facilities, gaming, and mixed-use developments. He has advised on a wide variety of single- and multi-lender financing structures, including acquisition, construction, revolving, leasehold mortgage, CMBS, and mezzanine loan transactions; subscription facilities; A/B loan splits; loan participations; note financings; New Markets Tax Credit transactions; sale-leaseback transactions; and bond financing transactions.
- Real Estate
- Real Estate Finance
- Commercial Loan Servicing
- Distressed Real Estate
- Insurance Company and Institutional Investments
- Private Equity Real Estate
- Real Estate Development and Transactions
- Mixed-Use, Condominium, and Multifamily Development
- Tax - Real Estate
- Commercial Finance
- Real Estate and Construction Litigation
- Banking and Financial Services
- New York Real Estate Finance
- Environmental, Social, and Governance (ESG)
- Representation of a private equity real estate investment fund formed by an affiliate of a national homebuilder and a global investment management firm for a $186 million acquisition and land development loan to a national development company. The loan financed the acquisition of a 759 acre land assemblage and provided funds to complete all necessary site work and lot improvements for the project, a 775-lot residential development in Loudoun County, Virginia. The lots were under contract for sale to three national homebuilders upon completion of improvement of the lots on a rolling quarterly takedown schedule. The representation included assisting in the structuring of the transaction and then drafting and negotiating all relevant loan documents. These included a highly structured completion guaranty and subordination agreements between our client and each of the national-homebuilder purchasers of the lots as well as an intercreditor agreement with the seller who provided seller financing secured by a portion of the project.
Distressed Real Estate Matters
- Representation of a national special servicer in the workout and restructuring of a $130 million first mortgage loan on a 1,000-plus-unit residential rental project. This transaction involved an A/B note split of the loan, modification to the cash management arrangement, modifications to address the bankruptcy of the sponsor's holding company, and REMIC-related matters.
- Represented a federal court-appointed receiver in all facets of a multi-property, multi-state receivership in connection with the operation, preservation, and disposition of 22 residential development projects, including 11 projects in Pennsylvania, involving approximately 848 residential units/lots
- Representation of one of the largest commercial loan special servicers in a foreclosure and receiver action involving an assisted-living facility in Lehigh County, Pa., and the ultimate disposition of the facility by the receiver
Purchase, Sale, Development, Joint Venture, and Leasing Transactions
- Represented a regional real estate investment and development firm in a variety of acquisition, disposition, redevelopment, financing, and leasing transactions involving a variety of project types including office, industrial, and quarry properties and having an aggregate transaction value in the hundreds of millions of dollars. This representation included multiple equity syndications involving the preparation of private placement memoranda, accredited investor questionnaires, and subscription agreements.
American Bar Association
New Jersey State Bar Association
Pennsylvania Bar Association
Recognition & Accomplishments
The Best Lawyers in America, real estate law, 2015-2021
Chambers USA, real estate law (Pennsylvania), 2010-2020
Named to the Philadelphia Business Journal's Best of the Bar list, 2019
Faculty, "Capital Stack: Bending without Breaking," Pennsylvania Bar Institute, Successful Real Estate Development Projects, Philadelphia, April 10, 2019
Moderator, "Capital Sourcing and Structuring," Marcum Commercial Real Estate Summit, Philadelphia, October 17, 2018
Moderator, "Capital Sourcing and Structuring," Marcum Commercial Real Estate Summit, Philadelphia, October 25, 2017
Temple University James E. Beasley School of Law (J.D. 1995, magna cum laude)
Recipient, Arthur L. Berns Memorial Award in Real Estate Law; Recipient, Joseph W. Price III Memorial Award in Taxation Law
Drexel University (B.S. 1988, cum laude)