About Mark C. Simon

For more than 30 years, Mark Simon has helped lending institutions, real estate funds and developers on a wide range of real estate financings and investments. He combines deep technical knowledge and industry experience with an understanding of the legal and business needs of real estate funds, banks, insurance companies and private developers. Recognized as a leading lawyer for years by industry publications such as Chambers USA, Legal 500 and Best Lawyers, Mark brings market knowledge and judgment based on experience to each of his clients' deals.

Bringing a big-picture focus to complex real estate transactions

Ranked as a leading lawyer for real estate law in Chambers USA: America's Leading Lawyers for Business, Mark has been described by clients as "very knowledgeable" and "good at focusing on big-picture items." He brings to real estate financings an incisive focus on the financial issues and business risks that will matter most to his clients.

Mark's well-rounded representation of lenders and borrowers, developers and fund investors allows him to help his clients understand the needs and objectives of opposing parties and bridge the differences. At the same time, although Mark prides himself on a high level of legal craftsmanship, he works with his clients to identify the true risk points and possible financial detriments worth attacking and negotiates effectively when needed to avoid adverse consequences to his clients.

In his civic work, Mark represents nonprofit organizations in their efforts to improve Chicago's neighborhoods and is a board member of the Chicago Lawyers' Committee for Civil Rights. Mark serves his home community as chairman of the Evanston Historic Preservation Commission.

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Practice Focus

  • Construction, term and mezzanine financings
  • Equal representation of lenders and investors/borrowers
  • Syndicated and multi-lender credits
  • Joint ventures and preferred equity investments

Representative Experience

  • Bank group counsel on construction financing of The Mall of San Juan, the first large luxury mall in Puerto Rico.
  • Represented construction lenders on $288 million financing of 50-story condominium tower in Sunny Isles Beach, Florida.
  • Represent private equity investor on financing movie studio in Los Angeles.
  • Represented agent on $5 billion unsecured credit line to publicly traded mall REIT.
  • Represent fund advisor in forming new company to acquire and develop approximately 80 build-to-suit warehouse properties nationwide. Also negotiate $100 million credit line.
  • Represented 13-lender syndicate in providing a $650 million secured corporate revolving credit facility.
  • Borrower's counsel on two single-asset CMBS financings in excess of $1 billion secured by Manhattan office properties.
  • Lender's counsel on portfolio financing of 14 hotels in Ohio, Virginia and Arizona.
  • Represent real estate core and opportunity funds on joint ventures and construction financings of multifamily, condominium and senior living projects across the country.
  • Represent developer of 33- and 40-story apartment towers under construction in Chicago's River North neighborhood.
  • Represented lender in workout of Chicago hotel. The loan was originated to finance converting the hotel into residential condominiums. Involved splitting the debt, substitution of collateral and sale of remaining debt to a third party at a discounted price.
  • Represented lender in workout of a loan to develop an unimproved parcel in suburban Phoenix, Arizona. Lender received a payment at the closing of the workout and agreed to accept a discounted loan payoff if the loan was paid by a certain date following the closing of the workout and the borrower deposited a deed in lieu of foreclosure into escrow at the closing of the workout.
  • Represented lender in workout regarding settlement of claims in a bankruptcy of a loan secured by personal property security interests pertaining to the equity ownership of a lodging company with hotels throughout the United States. Lender received payment for a portion of its claim and converted the balance to a preferred equity ownership interest in the lodging company.
  • Represent lenders on workout and restructure of $145 million syndicated loan financing a Chicago Loop office building.
  • Represent lead lender/servicer on workout and eventual discounted payoff of multi-tranche loans financing a shopping center/entertainment complex in Hallandale Beach, Florida, and a six-block casino development parcel in downtown Las Vegas.
  • Represented construction lenders on successful restructure and payoff of $289 million loan financing a luxury condominium development in Sunny Isles Beach, Florida. 
  • Represented lender on deed in lieu of foreclosure and resale of 240 unsold condominium units in 26-story tower outside of Fort Lauderdale, Florida. 
  • Represented lead lender on negotiating a restructure of construction loan financing for a condominium tower in Chicago. 

Presentations and Events