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Biography

Tom’s primary practice areas involve commercial real estate development and project finance. A significant portion of his practice involves representing developers and investors in the acquisition, development and disposition of commercial real estate projects and representing lenders on construction and permanent loans. His real estate development practice includes involvement in all aspects of ownership and capital structures, including joint ventures relationships, private placement equity raises, preferred equity and mezzanine financing structures, and conventional and program financing. His lending practice includes representing lenders with construction and permanent financings, including single bank deals, syndications and participations. He also has extensive experience representing both lenders and developers in connection with distressed loans, including forbearance arrangements, workouts and restructurings, and foreclosure actions.

Today’s real estate developments often have components difficult to fit into the conventional loan framework and lending approaches don’t fit some of today’s project capital-stack structures. Developers must determine at the early stages of a transaction if a given deal structure is financeable. Tom’s practice includes helping developers identify project issues that might be problematic for a lender and proposing solutions that minimize financing risks. Tom advises lenders on the challenges developers face on projects that don’t fit the traditional lending framework and offering alternative solutions to both the developer’s and lender’s needs.

Experience

Real Estate Development and Ownership

Tom has extensive experience in representing commercial developers and real estate investors in all aspects of real estate acquisition, development, financing, leasing and disposition. He has worked on projects in the Midwest, the South and Southeast.

Tom’s general experience in the commercial real estate area includes representation of:

  • Real estate developers and investors with acquisition and development of various commercial real estate projects, including multifamily projects, retail projects, office buildings, industrial facilities and mixed use projects
  • Real estate developers raising equity through private placement securities offerings and preferred equity arrangements and obtaining mezzanine financing
  • Real estate developers in joint venture arrangements with investors, preferred equity providers and co-developers
  • Real estate developers and investors with the construction and permanent financing of various commercial real estate projects
  • Real estate developers and investors with the sale of various commercial real estate projects
  • Out-of-state developers developing and financing real estate projects in Indiana, serving as local counsel
  • Real estate developers and investors with the renegotiation of distressed loans, forbearance arrangements and lender foreclosure actions
  • Non-profit entities with development of new facilities

Real Estate Finance

Tom’s real estate finance practice has been national in scope as he has represented national and regional lenders on projects. Tom has extensive experience in financing all asset classes, including hospitality, multifamily, office, retail, industrial, condominiums, residential and commercial subdivisions, and golf courses. He has represented lenders on the constructions of beachfront condominium projects and several convention center hotels. Tom has represented lenders in connection with the renegotiation of distressed loans, forbearance arrangements and foreclosure actions. He has also represented lenders on issuing letters of credit as credit enhancements for bond issues and on financing and investing in low-income tax credit developments. His lending practice has included both single bank deals and multiple bank syndications and participations.

Tom’s general experience in the real estate finance area includes representation of:

  • Commercial lenders with construction loans, general real estate mortgage loans, and asset-based loans
  • Out-of-state lenders financing real estate projects in Indiana, serving as local counsel
  • Commercial lenders with workouts, forbearance arrangements and foreclosure of distressed loans

Other Info

Education

Law School:

Indiana University Robert H. McKinney School of Law, J.D.

Undergraduate School:

University of Notre Dame, B.B.A.

Bar Membership

Thomas is licensed to practice in the following state

Indiana

Courts

Thomas is admitted to practice in the following courts

U.S. District Court of Northern Indiana

U.S. District Court of Southern Indiana

Recognition

Local & National Recognition

Chambers USA®, Indiana Real Estate

The Best Lawyers in America®, Real Estate Law, 2009-2021

The Best Lawyers in America®, Banking and Finance Law, 2009-2021

Selected for inclusion in Indiana Super Lawyers®, 2005-2020

AV® Rated, Martindale-Hubbell®

Professional Affiliations

Professional Affiliations & Memberships

Indianapolis, Indiana State and American Bar Associations

Civic Activities

Civic & Charitable Organizations

Volunteer member of the legal support group for U.S. Fencing – Present

Member of the Indiana State Employees’ Appeals Commission – Present

Parish finance committee volunteer of St. Simon Catholic Church, Indianapolis, Indiana

Volunteer fencing coach and board member of the Indianapolis Fencing Club

Presentations

Thomas was invited to speak at the following events:

Presenting faculty, Completion Guaranties in Construction Lending, March 2018, March 2019 and October 2020, Strafford Publishing

Major Publications

Thomas is an author of the following publications:

“Reconsidering Completion Guaranties”, ALI-ABA’s The Practical Real Estate Lawyer

Cited in the Indianapolis Business Journal as an honoree in the Who’s Who Behind the Scenes in Commercial Real Estate article focusing on the Indianapolis commercial real estate industry