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Experience

Bryan D. Garner focuses his practice on the representation of sponsors and capital providers in joint venture and preferred equity investments; institutional purchasers and sellers of improved commercial real estate; and securitized trusts in the resolution of defaulted commercial mortgage-backed securities (CMBS) loans. Bryan’s work on behalf of these clients covers all asset classes of commercial real estate and has involved real property located in Alabama, Arizona, California, Colorado, Connecticut, Florida, Illinois, Minnesota, New Jersey, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Tennessee, Texas, and Wyoming, among other states.

Bryan has advised a range of commercial real estate clients, including family offices, equity funds, debt funds, acquisition funds, hedge funds, banks, REMIC trusts, CMBS special servicers, and Fortune 500 companies.

Ranked among the top six firms in Texas for Real Estate in Chambers USA 2019 by Chambers and Partners

National first-tier ranking and regional rankings in both Dallas and Houston for Real Estate Law in “Best Law Firms” 2019 by U.S. News-Best Lawyers®

  • Represented an institutional investor in an approximately $30 million preferred equity investment involving a transitional industrial asset and a contingent future funding obligation
  • Represented a family office in a joint venture equity investment involving the development of a retail center
  • Represented a family office in the contribution of land and cash equity to a joint venture to facilitate construction of an office park
  • Represented the sponsor in the negotiation of a joint venture agreement with an institutional equity partner related to a mixed-use development near Chicago, Illinois
  • Represented the sponsor in the negotiation of a joint venture agreement related to a lender’s right to convert a portion of its debt into equity in the sponsor’s project
  • Represented a commercial mortgage lender in the drafting, negotiation, and closing of over 15 loans secured by office and multifamily properties located in several states
  • Represented an institutional investor in its acquisition of a portfolio of mezzanine loans secured by equity in entities that own hospitality properties in multiple U.S. states
  • Represented REMIC trusts and special servicers in the structuring, drafting, negotiation, and closing of tri-party transactions involving the assignment of a special servicer’s Section 3.18 purchase option to a third-party and the third-party’s exercise of the option to purchase a defaulted CMBS loan from a REMIC trust
  • Represented a commercial lending institution in its negotiation of acknowledgment agreements with Ginnie Mae and Fannie Mae (related to the client’s security interest in servicing rights pledged by the client’s borrower)
  • Represented a retail developer in (i) the $135 million acquisition of the retail portion of a mixed-use development in California comprised of air-space parcels (i.e., platted lots with upper and lower elevations) containing retail, restaurant, theatre, and related development, (ii) two related financings, and (iii) the sale of air parcels to a condominium developer
  • Represented an office developer in the acquisition of a 1.5 million-square-foot office tower
  • Represented a buyer who, through an equity purchase, acquired fee or leasehold ownership interests in over 100 restaurants across the United States
  • Represented an office developer in the $32 million acquisition of an office tower, including assisting with negotiating and drafting the joint venture agreement; negotiating and drafting contract amendments and closing documents; coordinating and advising on due diligence (zoning, lease review, and significant environmental issues); and negotiating and closing a $25 million mortgage loan secured by the building
  • Represented a retail developer in the acquisition of a 70,422-square-foot retail center located outside of Chicago comprising the ground floor of a mixed-use development that includes condominiums and city-owned parking facilities
  • Represented a retail developer in the acquisition of a 65,000-square-foot shopping center, including the negotiation and closing of a senior mortgage loan secured by the center
  • Represented a retail developer in the acquisition of a tract of land intended for future development
  • Represented a Fortune 500 company in the purchase and sale of multiple automobile dealerships throughout the country
  • Represented the owner of a Class AA office building in its negotiation of a 24,000-square-foot lease with one of the building’s anchor tenants
  • Represented the owner of a Class AA office building in the negotiation of an approximately 8,000-square-foot lease for the building’s signature restaurant
  • Represented a municipality in a public-private partnership involving a catalyst mixed-use development designed to revitalize the core of the city’s downtown
  • Represented a retail developer in the negotiation and drafting of a parking license agreement
  • Represented a REMIC trust in the resolution of a portfolio of three CMBS loans (each involving multiple tranches of senior and mezzanine debt) secured by 16 apartment complexes located in Texas and Maryland, which resolution included the negotiation and confirmation of a reorganization plan in Chapter 11 bankruptcy proceedings that substantively consolidated the borrowers and resulted in a third party purchasing all 16 properties and assuming an amended, restated, and consolidated loan in the principal amount of $296.68 million
  • Represented a commercial mortgage lender in the sale of a $10 million loan secured in part by a nuclear bunker, then represented the purchaser of this loan in a borrower bankruptcy filing and a successful non-judicial foreclosure sale of the bunker
  • Represented a REMIC trust in the resolution of a $197 million defaulted CMBS loan secured by approximately 20 apartment complexes located in three U.S. states, including negotiation of an agreed receivership in United States District Court, structuring entities to take title to the properties by foreclosure or deed-in-lieu of foreclosure, and directing due diligence activities
  • Represented a REMIC trust in a non-judicial foreclosure action that involved threats of a lawsuit against the trust by a bankruptcy trustee, a potential borrower bankruptcy filing, and a possible lawsuit against the trust by a limited partner in the borrower; successfully used the then-recently enacted Texas Assignment of Rents Act to recover thousands of dollars of rental income for the trust directly from the tenants and completed the non-judicial foreclosure sale of the property, selling it to a third-party bidder at the foreclosure sale
  • Represented a REMIC trust in negotiations involving environmentally-contaminated collateral and advised on multiple possible exit strategies, including a discounted payoff transaction with the borrower, a receivership over the property, and a loan sale
  • Represented a REMIC trust in a multi-state deed-in-lieu of foreclosure transaction involving nine properties securing over $130 million of CMBS debt
  • Represented a commercial mortgage lender in the resolution of two non-performing loans through a discounted payoff transaction, multiple requests for injunctive relief by the borrower, an involuntary bankruptcy filing by the lender against the borrower, and a non-judicial foreclosure sale
  • Represented multiple REMIC trusts in the disposition of an $80 million portfolio of non-performing CMBS loans
  • Represented a REMIC trust in the structuring, negotiation, and closing of a discounted payoff transaction involving two cross-collateralized and cross-defaulted CMBS loans secured by retail properties in different U.S. states
  • Represented multiple lenders (working through a national special servicer) in the structuring, implementation, and closing of a portfolio sale of non-performing loans
  • Represented a REMIC trust in the resolution of a defaulted $69 million CMBS loan secured by an approximately one million-square-foot regional mall in Ohio, including negotiation of an agreed receivership for the mall; multiple negotiations with counsel for the borrower, receiver, and property manager; and the negotiation and closing of a loan sale transaction and a deed-in-lieu of foreclosure transaction
  • Represented a mezzanine lender in UCC Article 9 foreclosure proceedings on its pledged collateral

Honors & Affiliations

Distinctions/Honors

  • The Best Lawyers in America© by Woodward/White Inc. (Real Estate Law), 2017-2019
  • Texas Rising Stars® by Thomson Reuters (Real Estate), 2012, 2015-2016
  • Recommended Attorney, The Legal 500 US by Legalease (Real Estate), 2017
  • Special Services Award, Dallas Volunteer Attorney Program, 2004

Memberships/Affiliations

  • Member, State Bar of Texas
  • Board of Trustees, Undermain Theatre, 2018-present
  • Co-Founder, St. Philip’s Legal Clinic (a monthly, all-volunteer legal clinic adopted by the Dallas Volunteer Attorney Program); 2004-2016
  • Member, 2016-2017 Class of the Leadership Arts Institute
  • Member, 2005-2006 Class of The Real Estate Council’s Associate Leadership Council

Education & Admissions

Education

  • J.D., 2003, with honors, The University of Texas School of Law
  • B.A., 2000, with special honors, The University of Texas at Austin, Plan II Honors Program
  • B.B.A., 2000, The University of Texas at Austin, Business Honors Program

Admissions

  • Texas