Practice
Malcolm Montgomery is a partner in the Real Estate Practice Group with a broad practice spanning domestic and cross-border real estate investment and finance, as well as leveraged lending and bank finance for real estate investment trusts, investment funds and other major companies. He has extensive experience advising clients in connection with workouts and restructurings of significant real estate construction loans, permanent loans, mezzanine loans, corporate credit facilities and other debt positions. Mr. Montgomery has handled numerous complex financing transactions involving assets and currencies in the U.S., the U.K., Europe, Asia, Australia, Canada and Latin America. He has handled multi-state secured credit facilities, mezzanine financings, term and construction financings, subscription financings for investment funds, debt portfolio financings, hotel and resort financings and mortgage loans originated for securitization. His practice also includes the structuring of limited liability companies, investment funds and other equity vehicles and the acquisition and disposition of major real estate assets of various classes.

Mr. Montgomery’s clients have included lenders and borrowers, purchasers and sellers, and private and public companies, including AIG Global Real Estate Investment Corp.; Bank of America; Buckeye Technologies; Citigroup Global Markets; Deutsche Bank Securities; Eurohypo AG; Metropolitan Life Insurance Company; RBC Capital Markets and Shorenstein Properties.

• Deutsche Bank Trust Company Americas in the workout and foreclosure of the construction financing on the $3.9 billion Cosmopolitan Resort & Casino in Las Vegas, a project slated to include a casino, two hotel condominium towers and associated retail components
• Citisecurities Limited in a $2.5 billion multicurrency syndicated credit facility for subsidiaries of Westfield Group, one of the world’s largest retail real estate companies
• Metropolitan Life Insurance Company in the development of a real estate secured lending program in Mexico and the origination of over $1.8 billion in loans secured by resort hotels and portfolios of industrial properties throughout Mexico
• Citibank, N.A. in a $1.5 billion global senior unsecured revolving credit facility for Digital Realty Trust, L.P., a real estate investment trust specializing in data center facilities worldwide
• Deutsche Bank AG as the lender in a ¥41.8 billion syndicated financing of a large portfolio of Japanese performing, sub-performing and non-performing mortgage loans and unsecured claims
• Eurohypo AG in a €600 million subscription credit facility for the Hines European Development Fund II
• Deutsche Bank Securities Inc. and Deutsche Bank Trust Company Americas in a $640 million construction financing of the Trump International Hotel & Tower in Chicago
• Metropolitan Life Insurance Company in a $638 million financing of three super-regional shopping centers owned by subsidiaries of The Mills Corporation
• RBC Capital Markets in a $600 million term loan for Brookfield Properties Corporation in connection with the acquisition of Trizec Properties
• German American Capital Corporation in a $412.5 million acquisition and construction financing of the Four Seasons Resort Hualalai in Hawaii, a portion of which was securitized
• Deutsche Bank AG New York Branch in a $200 million syndicated senior secured credit facility for Summit Hotel Properties, Inc. in connection with its initial public offering
• Shorenstein Company in a $175 million securitized mortgage loan and a $25 million mezzanine loan from Deutsche Bank AG to finance the acquisition of 450 Lexington Avenue in New York City
• Citigroup Global Markets Realty Corp. in the foreclosure of a $70 million mezzanine loan and the acquisition of ownership interests in the St. Regis Monarch Beach Resort in Dana Point, California
• Shorenstein Properties’ ninth real estate investment fund in its mezzanine and distressed debt investment program

• Speaker, “Loan-to-Own: Are There Still Opportunities Out There?” (2011)
• Speaker, “Existing and Forecasted Risk in the Mezzanine Loan Market” (2010)
• Speaker, “History of the RTC and Workouts This Time Around” (2008)
• Speaker, “A/B Notes, Junior/Senior Participations and Intercreditor Agreements” (2007)
• Speaker, “Real Estate Appraisals: A How-To Guide for the Real Estate Lawyer & Litigator” (2004)
• Speaker, “German Banks: Sources of Construction Loans, Bridge Loans and Long-Term Financing” (2003)
• Speaker, “The Japanese Lending Market: Securitization Versus Traditional Lending” (2001)
• Lecturer, “New York Taxes Affecting Real Estate Transactions,” Fordham University School of Law
• Member, Association of the Bar of the City of New York
• Member, New York State Bar Association, Real Estate Financing Committee
• Member, Real Estate Board of New York
• Member, Princeton Alumni Real Estate Network
• Member, Association of Foreign Investors in Real Estate
• Member, U.S.-Mexico Chamber of Commerce 
• Fellow, American College of Mortgage Attorneys
• Associate Member, National Association of Real Estate Investment Trusts
• Listed in Chambers USA – America’s Leading Lawyers for Business, The International Who’s Who of Real Estate Lawyers, The International Who’s Who of Business Lawyers and Euromoney’s Guide to the World’s Leading Real Estate Lawyers

• Co-Author, “Top 10 Lessons from the Recession for Commercial Real Estate Lenders,” The Real Estate Finance Journal (Fall 2011)
• Co-Author, “The Commercially Reasonable Real Estate Mezzanine Loan Foreclosure – Lessons From the Front Lines,” The Real Estate Finance Journal (Summer 2010)
• Co-Author, “Appellate Court Ruling in Destiny USA: Notes of Caution for Construction Lenders and a Glimmer of Hope,” Pratt’s Journal of Bankruptcy Law (January 2010)
• Co-Author, “U.S. Federal Banking Agencies Issue Policy Statement on Commercial Real Estate Loan Workouts,” Shearman & Sterling Client Publication (November 2009)
• Co-Author, “Cleaning Up the Toxic Mess—the Treasury’s Emerging Plan to Promote Private Investment in Legacy Loans,” The Real Estate Finance Journal (Summer 2009)
• Co-Author, “Detective, Liaison, Manager, Psychologist—Acting as the Agent in a Distressed Syndicated Real Estate Loan,” Real Estate Finance (February 2009)
• Co-Author, “Treasury Considers Role for Private Investors in Economic Stabilization Plan and Provides Guidance on Selection of Asset Managers and Financial Agents,” Shearman & Sterling Client Publication (Fall 2008)
• Co-Author, “The Rising Tide―Flood Insurance in an Active Hurricane Era,” The Real Estate Finance Journal (Winter 2006)
• Author, “Rising Rates for Real Estate: Interest Rate Hedge Agreements Can Help,” Real Estate Finance (October 2005)
• Author, “Working with Real Estate Appraisals―Tips on Appraising an Appraisal,” Real Estate Finance (April 2004)
• Author, “Participation Pitfalls―Seven Questions Every Mortgage Loan Participant Should Ask,” Real Estate Finance (April 2003)
• Co-Author, “Commercial Real Estate Lending in the United States,” The Real Estate Finance Journal (Fall 2002)