Mark P. McClanathan

Partner

Overview

Mark concentrates in the fields of general transactional real estate law and finance, including the acquisition, financing, leasing, management, and disposition of real estate (representing investors, developers, and real estate funds) concerning residential (single family, condominiums, and multi-family), commercial, and retail properties. His experience includes significant representation of investors in the acquisition, financing, and disposition of portfolios of real estate assets (mortgage loans and REO) from the RTC (FDIC), as well as directly from financial institution sources.

Mark has significant experience in the multi-family (apartments) industry, including acquisitions, financing, and dispositions, DDA's, OPA's, regulatory agreements, management matters, and affordable financing (tax exempt bonds and low income housing tax credits). He has also represented master developers in the planning and disposition of subdivision phases/lots in master planned communities.

Mark has handled all aspects of the structuring and formation (as well as mergers and dissolution) of private real estate and other commercial entities (general and limited partnerships, corporations, joint ventures, and limited liability companies). His experience includes representing developers and owners of real property in transactions with REITS and DOWNREITS, including the master leasing of commercial and retail properties to public and private real estate investment trusts. He also spent a substantial portion of his initial practice years as a tax attorney and regularly calls upon that experience throughout his transactional practice.

Representative
Matters

Represented multiple affiliated joint venture funds in the acquisition of various portfolios of distressed industrial property loans from financial institutions (aggregating over $200 million), and continuing representation of joint ventures in the disposition of loan assets through bankruptcy, receivership, loan modification, foreclosure, and sale.

Represented an owner partnership in a $225 million sale of apartment project in Marina Del Rey, California.

Represented a general partner of a California real estate limited partnership in partner dispute/reorganization transaction involving lengthy arbitration proceedings and multiple buy-out transactions concerning $275 million of partnership assets.

Represented multiple tenancy-in-common funds in the acquisition of various portfolios of distressed multi-family property loans (Las Vegas property) from financial institutions, including the financing thereof (senior debt and mezzanine debt) and securing, in connection therewith, Section 1031 reverse exchanges.

Represented an owner partnership in the $115 million construction financing of a 430 unit apartment project in Southern California and subsequent $150 million permanent financing.

Represented a national apartment developer in an over $100 million sale of a 300 unit apartment project in Los Angeles, California.

Represented a national apartment developer in an over $90 million sale of a 270 unit apartment project in Orange, California.

Represented a national apartment developer in the $56 million sale of a 138 unit apartment project in Southern California.

Represented a national apartment developer in the $44 million sale of a 118 unit apartment project in Los Angeles, California.

Represented a national apartment developer in the $43 million sale of a 131 unit apartment project in Los Angeles, California.

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Represented a joint venture fund in the acquisition of a portfolio of multiple distressed loans from a financial institution, and continuing representation of the joint venture in the disposition of loan assets through bankruptcy, receivership, loan modification, foreclosure, and sale.

Represented several separate joint venture funds in the acquisition of a portfolio of multiple distressed loans from the RTC/FDIC, and continuing representation of the joint ventures in the disposition of loan assets through bankruptcy, receivership, loan modification, foreclosure, entitlement, master developments and sale.

Represented a master investor in the development and disposition of an over 1,000 unit development in Chula Vista, California containing single family, multi-family, and commercial developments product involving sales to national home builders, retail developers, and apartment developers.

Represented an industrial developer in the joint venture for development of 480 acres of rural land in Visalia, California into industrial development product.

Publications &
Speaking Engagements

Speaking Engagements

From Bad Loans to Big Bucks (Profiting from the Purchase of Distressed Real Estate Loans), presentation by Cox, Castle & Nicholson, 2008, 2009

Regular lecturer for over 11 years in the Legal Considerations of Real Estate Development course (part of the Light Construction Development and Management certificate program offered jointly through the University of California, Irvine)

Lecturer, Home Builders Council of the Building Industry Association of Southern California (including presentations involving the acquisition and disposition of real estate and the formation and operation of legal entities)

Awards &
Affiliations

Professional Affiliations

  • Orange County Bar Association

Spotlight

Cox, Castle & Nicholson LLP Named 2018 National Tier 1 Law Firm of the Year for Land Use and Zoning Law in U.S. News & World Report 2018 “Best Law Firms” Rankings

Cox, Castle & Nicholson LLP, a preeminent full-service law firm specializing in real estate, today announced it was... More»

Bar and Court Admissions

  • State Bar of California

Education

  • J.D., University of Southern California, Gould School of Law, 1977, Order of the Coif
  • B.B.A., University of Wisconsin-Madison, magna cum laude