Dominic De Simone

Dominic J. De Simone

Partner
Philadelphia
New York

Dominic J. De Simone is the Co-Chair of Ballard Spahr's national Finance Department, Co-Leader of the firm's Real Estate Private Credit and High-Yield Team, and Leader of the 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. Dominic also has extensive experience representing real estate purchasers and sellers, developers, landlords and tenants, and court-appointed receivers.

Dominic 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.

Experience 

Representative Matters

Loan Originations

  • Representation of a commercial bank, as agent and lender, in the origination and syndication of a $155 million A/B construction loan. The loan was made on a joint and several basis to affiliated joint venture co-borrowers for the development of a high rise office building located within a waterfront redevelopment district as part of a mixed-use, multi-owner, master land development condominium. Upon completion of the project, the sponsors will relocate their respective headquarters to the project. In addition to advising on all facets of the origination and syndication of the financing, the engagement included review and guidance regarding various redevelopment agreements, the master condominium structure, three headquarter leases entered into under a master lease / sublease structure, and certain incentive programs including certain tax credits used to support a portion of the debt service payments.
  • 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.

Professional Highlights

Professional Activities

American Bar Association

New Jersey State Bar Association

Pennsylvania Bar Association

Recognition & Accomplishments

Fellow and Pennsylvania State Chair, American College of Mortgage Attorneys (ACMA)

Fellow, the American College of Real Estate Lawyers (ACREL)

The Best Lawyers in America, real estate law, 2015-2024

Speaking Engagements

"Intercreditor Agreements: Successfully Navigating Multi-Creditor Rights, Obligations, and Liabilities," American College of Real Estate Attorneys | American Law Institute Continuing Legal Education, February 27. 2024

"Intercreditor Agreements Team of Rivals," American College of Real Estate Lawyers Conference, Fall 2023

“Show Me the Money! Cash Management for CMBS and Conventional Loans,” American College of Real Estate Lawyers Conference, Spring 2021

Publications

Co-author, “Show Me the Money! Cash Management for CMBS and Conventional Loans,” ACREL Papers, Spring 2021

Credentials 

Education

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)

Admissions

New Jersey

Pennsylvania

New York