About Mark C. Simon

For more than 35 years, Mark Simon has counseled lending institutions, real estate funds and developers on a wide range of real estate financings and investments. Mark has advised lending institutions and borrowers alike on workouts, debt restructures, foreclosures and bankruptcies through three major real estate down cycles. 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

  • Represented construction lenders on successful restructure and payoff of $289 million loan financing a luxury condominium development in Sunny Isles Beach, Florida. 
  • Bank group counsel on construction financing of The Mall of San Juan, the first large luxury mall in Puerto Rico.
  • Represented 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 receiver for lead lender on negotiating a restructure and liquidation of the construction loan financing for a 20-story condominium tower in Chicago.
  • Represented private equity investor on financing of television/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 150 build-to-suit warehouse properties nationwide, including negotiation of $350 million term and revolving credit lines.
  • Borrower's counsel on two single-asset CMBS financings, each in excess of $1 billion, secured by Manhattan office properties.
  • Represent developer of 33- and 40-story apartment towers in Chicago's River North neighborhood.
  • Represented lender on deed-in-lieu of foreclosure and resale of 240 unsold condominium units in 26-story tower outside of Fort Lauderdale, Florida.
  • Represent lenders on workout and restructure of $145 million syndicated loan financing of a Chicago Loop office building.
  • Closed $140 million syndicated construction financing for a student housing project in Virginia after the advent of COVID-19.