Lorne W. McDougall

Lorne McDougall is a former Chair of our Real Estate Department and has been a member of the Firm’s various Senior Management Committees for over 10 years.

Lorne advises lenders, developers, entrepreneurs, funds and investors in connection with the acquisition, disposition, ownership, use, financing, zoning, permitting, development, construction, and leasing of commercial real estate. He also represents owners, prime and trade contractors, and design professionals in all types of design and construction contracts and agreements, deal structuring and financing.

Lorne is adept in the negotiation and formation of real estate joint ventures, general and limited partnerships, limited liability companies, business trusts and other investment and development vehicles.

Lorne has extensive experience in a wide range of complex real estate development and financing, including structured real estate finance and capital markets transactions secured by a wide array of property types, such as:

• Offices
• Retail
• Assisted living/congregate care facilities
• Hotels
• Regional shopping malls
• Industrial parks
• Mixed-use projects
• High-end residential and commercial condominiums and cooperatives
• Other special use properties

He is experienced in land assemblage transactions and the negotiation, drafting and financing of long-term ground leases and air rights agreements.

Lorne routinely interacts with borrowers, lenders, investors and rating agencies in connection with securitized loan transactions and is well versed in current rating agency criteria and regulatory trends. He is knowledgeable and experienced in analyzing, designing and documenting sophisticated bankruptcy remote ownership structures and special purpose entities that meet current rating agency requirements and guidelines. He has substantial knowledge and experience in rendering and reviewing complex non-consolidation, true sale, true lease and other specialized types of legal opinions on behalf of borrowers and lenders in transactions involving complicated organizational structures, multiple tiers of borrowers and lenders and sophisticated mezzanine and term loan debt stacks.

He represents major foreign and domestic commercial banks, insurance companies, credit enhancers, liquidity providers, servicers, investors, developers, operators, tenants, public agencies and authorities and others in multi-property and multi-jurisdictional financings, mortgage-backed single and multiple real property securitizations, sale/leaseback transactions, credit tenant lease financings, senior preferred equity investments, permanent, construction, bridge, single and multiple tier mezzanine loan financings. His practice often involves the negotiation, structuring and documentation of joint ventures and partnerships between developers and State and municipal authorities. These public/private projects include the creation of special TIF districts, tax stabilization agreements, PILOT agreements, the negotiation of public infrastructure improvements and other public benefits and incentives.

Lorne also handles all aspects of real estate loan restructurings, workouts, foreclosures and REO sales. He devises strategies to protect rights and maximize options and recoveries in connection with troubled mezzanine loans and mortgage loans involving permanent or construction financing. Lorne efficiently structures and staffs workout transactions and effectively negotiates loan documentation and covenants essential for his client's protection.

Lorne is a regular contributor and participant at seminars and other finance and real estate industry events.

Lorne's representative experience includes:

• Lorne has coordinated real estate, zoning, permitting, and environmental issues connected with several different matters including the acquisition of a multi-state broadcasting network, the divestiture of a multi-state cellular telephone system network, as well as with one of the largest bank branch divestitures to date
• He represents U.S., Canadian, U.K. and European lenders in connection with numerous cross-border transactions involving real estate projects, utility companies, securitizations, synthetic leases, mining ventures and general secured and unsecured financings
• Insurance companies and banks are represented by Lorne in connection with zoning, permitting, environmental and real estate issues involving new and existing loans
• Major U.S. banks have relied on Lorne's counsel in several large loan restructurings involving deed in lieu transactions, foreclosures, general debt restructurings and OREO sales
• He has represented a state authority in connection with a major urban convention center and hotel complex
• He represents developers in connection with the permitting, development and financing of office buildings, suburban and urban shopping malls, parking garages, multi-family developments, industrial and warehouse properties
• Public and private developers are represented by Lorne in connection with hotel, retail and office joint venture and sole development, projects, leasing, construction contracts and architect agreements
• Nonprofit issuers, such as hospitals and public authorities, are represented by Lorne in connection with using tax-exempt financings for major construction projects