About Daniel S. Huffenus

Dan Huffenus, managing partner of Katten’s Charlotte office, has a national real estate practice. For more than 25 years, he has represented sophisticated real estate capital markets lenders in the origination of commercial mortgage loans. Active since the early days of CMBS lending, he is particularly knowledgeable in issues related to securitized lending, including the origination, servicing and defeasance of CMBS loans. Borrower and lenders also look to Dan for creative advice with respect to the modification and workout of troubled real estate loans.

Experienced in a variety of loan structures

CMBS clients often rely on Dan to handle esoteric structures, including loans to Delaware Statutory Trusts. He also has significant experience in balance sheet loans, bridge loans secured by transitional properties, mezzanine loans and construction loans. Dan’s lender clients often turn to him for assistance with routine servicing matters, as well with modifying and restructuring distressed loans.

In addition to his finance practice, Dan represents owners and developers of real estate in acquisitions, financing and property dispositions. In Chambers USA 2019, in response to a survey on North Carolina real estate, one of Dan’s clients described him as a “very good negotiator” and “responsive and driven.”

Before practicing law, Dan worked in New York as a consultant at a national real estate consulting practice where he helped clients analyze real estate debt and equity investments. He is a Registered Foreign Lawyer and a non-practicing partner in Katten Muchin Rosenman UK LLP.

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"Daniel Huffenus is widely acknowledged as a leading practitioner in the Charlotte real estate finance market."

Chambers USA 2018
(North Carolina, Real Estate: Finance) survey response

Practice Focus

  • Real estate finance
  • CMBS lending, securitization and servicing
  • Structured finance and securitizations
  • Real estate acquisition and development

Representative Experience

  • Represented a lender in the restructuring and amendment of a $42 million redevelopment loan secured by an oceanfront condominium in south Florida. Developer was derailed when existing unit owners tied up the project in litigation for over two years. After several short-term extensions of the maturity date, currently negotiating a multi-year extension and modification.
  • Represented an international bank as lender and administrative agent on an $82 million loan secured by a portfolio of seven shopping centers owned by a JV between two large financial institutions. Complicated transaction secured by six shopping centers and the equity in a seventh center, all on a cross-collateralized basis.
  • Represented borrower and related parties in connection with the workout of a defaulted mortgage loan on a limited-service hotel owned by highly structured tenants-in-common, which involved CMBS special servicing maze to reform the loan and restore it to performing status.
  • Represented a borrower client in connection with the unsuccessful workout of an office park development encumbered by an approximately $50 million first mortgage and $50 million mezzanine loan. Negotiated several forbearances and loan amendments with mezzanine lender but ultimately forfeited the equity pursuant to an uncontested UCC sale.
  • Represented development company borrower in restructuring preferred equity and mortgage debt during real estate market turmoil.
  • Represented lender in connection with modification of mortgage loan maturity default where a portion of the collateral was comprised of a ground lease estate with a near-term expiration.

Presentations and Events