Malcolm K. Montgomery is a partner in O’Melveny’s Real Estate practice. His clients include Citibank, Deutsche Bank, Metropolitan Life Insurance Company and Shorenstein Properties. Malcolm serves as a trusted advisor to these and numerous other clients on the full range of real estate matters, including domestic and cross-border investment and finance, leveraged lending and bank finance for REITs and other real estate companies, workouts and restructurings of construction, permanent and mezzanine loans, and credit facilities. He also handles financing involving assets and currencies in multiple countries, including multi-property secured loans, mezzanine financings, term and construction financings, subscription and debt portfolio financings, hotel and resort financings, and mortgage loans.
Malcolm has published articles in The Real Estate Finance Journal, Real Estate Finance, and Pratt’s Journal of Bankruptcy Law. He has also published pieces for the American Law Institute and The Loan Syndications and Trading Association. Malcolm regularly speaks at industry seminars and conferences on real estate finance and related topics.
Get to Know Malcolm
Get to Know Malcolm
- Advised Citibank, N.A. in US$3.5 billion in global senior unsecured credit facilities for Digital Realty Trust, L.P., a REIT invested in data center facilities worldwide.
- Advised Metropolitan Life Insurance Company in the development of a real estate secured lending program in Mexico and the origination of over US$2 billion in loans secured by resort hotels, office buildings and portfolios of industrial properties throughout Mexico.
- Advised international investment fund clients in connection with the formation of a joint venture investment vehicle that acted as a lender for the US$1.67 billion construction financing of American Dream Mall, a multi-million square foot entertainment, dining and shopping complex in northern New Jersey.
- Advised U.S. Bank National Association and RBC Capital Markets in a US$1.5 billion term loan secured by 16 shopping malls located in 14 states to affiliates of General Growth Properties (now Brookfield Properties Retail).
- Advised Citibank, N.A. in US$1.05 billion in senior unsecured revolving and term credit facilities for LaSalle Hotel Operating Partnership, L.P., a REIT invested in upscale full-service hotels.
- Advised a private international investor in connection with a US$570 million mortgage loan from a syndicate of five banks led by ING Capital to finance the acquisition of the former Sony Building in New York City.
- Advised Citibank, N.A. in a US$500 million revolving credit facility for Terrafina FIBRA in connection with its US$665 million IPO—the first-ever corporate revolving credit line for a FIBRA (a Mexican REIT).
- Advised Shorenstein Properties on numerous acquisition and fund-level financings, including subscription line facilities for six of its real estate investment funds for institutional and private investors.
Admissions
Bar Admissions
- New York
Court Admissions
- US District Court, Eastern and Southern Districts of New York
Education
- New York University, J.D.: Order of Barristers
- Princeton University, A.B.
Honors & Awards
- Named a leading practitioner in Real Estate Finance, 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, Euromoney’s Guide to the World’s Leading Real Estate Lawyers, Who’s Who Legal 100, Who’s Who Legal Hospitality, The Best Lawyers in America, Best Lawyers New York, and New York Super Lawyers
- Recommended by The Legal 500 US for Real Estate Finance (2024)
- Recognized by The Legal 500 Private Practice Power List as a leading US attorney with a special focus in Mexico (2018)
Professional Activities
Member
- Board of Governors, American College of Real Estate Lawyers
- Advisory Board, US-Mexico Chamber of Commerce, Northeast Chapter
- New York City Bar Association
- New York State Bar Association
- CRE Finance Council
- International Council of Shopping Centers
- The Loan Syndications and Trading Association
- National Association of Real Estate Investment Trusts
- Real Estate Lenders Association
New York State Chair Emeritus
- American College of Mortgage Attorneys
Fellow
- American College of Real Estate Lawyers
Publications
- “Market Standards for Flood Insurance Processes in Syndicated Lending” (for The Loan Syndications and Trading Association) (January 2023)
- “Tenant Security Deposit or Unsecured Loan? State Law Disparity Leads to Forfeiture” (December 2022)
- “The New Corporate Transparency Act’s Impact on Real Estate Investment” (February 2021)
- “Impact Investing in Commercial Real Estate” (October 2020)
- “Turbulent Times Ahead-Remember the Real Estate Workout?” (July 2020)
- “Impact of the Tax Cuts and Jobs Act on the Real Estate Industry” (February 2018)
- “Financing Hotels in the United States: Key Considerations” (June 2017)
- “How the Trump Presidency May Affect Commercial Real Estate Investment in Mexico” (March 2017)
- “The New Way to Bail Out Sinking Ships in the EU: “Bail-Ins” of Failing Financial Institutions” (October 2016)
- “The Financial Crimes Enforcement Network and Other Anti-Money Laundering Regulators Sharpen Their Focus” (April 2016)
- “Hedging Your Bet: Interest Rate Hedge Agreements in Real Estate Transactions” (October 2015)
- “REIT Credit Facilities - Real Estate Debt in an ERA of Capital Consolidation” (June 2015)
- “Revival of REIT Rulings Could Mean Good News for Companies with Non-Traditional Assets Considering Becoming REITs” (November 2013)
- “TOUSA: 11th Circuit Affirms Bankruptcy Court's Decision Regarding “Reasonably Equivalent Value”” (May 2012)
- “Top 10 Lessons from the Recession for Commercial Real Estate Lenders” (June 2011)
- “The Commercially Reasonable Real Estate Mezzanine Loan Foreclosure - Lessons from the Front Lines” (March 2010)
- “Appellate Court Ruling in Destiny USA: Notes of Caution for Construction Lenders and a Glimmer of Hope” (January 2010)
- “The TOUSA Decision: Death of the Savings Clause?” (November 2009)
- “U.S. Federal Banking Agencies Issue Policy Statement on Commercial Real Estate Loan Workouts” (November 2009)
- “Cleaning Up the Toxic Mess - The Treasury's Emerging Plan to Promote Private Investment in Legacy Loans” (April 2009)
- “Detective, Liaison, Manager, Psychologist - Acting as the Agent in a Distressed Syndicated Real Estate Loan” (January 2009)
- “The Rising Tide - Flood Insurance in an Active Era” (December 2006)
- “Rising Rates For Real Estate: Interest Rate Hedge Agreements Can Help” (November 2005)
- “Working with Real Estate Appraisals in the United States” (April 2004)
- “Participation Pitfalls-Seven Questions Every Mortgage Loan Participant Should Ask” (April 2003)
- “Commercial Real Estate Lending in the United States” (October 2002)
Speaker
- “Anti-Tying Considerations for Bank Lenders” (February 2024)
- “Real Estate Loan Enforcement and Alternative Approaches” (January 2023)
- “Covenants in Real Estate Financings – Affirmative, Negative and Financial” (June 2022)
- “SOFR and Other RFR Fallback Rates” (February 2022)
- “Construction Lending and the New York Lien Law” (August 2021)
- “Strategies for Navigating the Flood Insurance Regulations” (September 2020)
- “Commercial Real Estate Bank Lending Regulatory Update” (August 2020)
- “Investing in Distressed Commercial Real Estate in the U.S.” (July 2020)
- “Montgomery on The Impact of EU Bail-In Recognition Provisions on US Real Estate Lending” (March 2017)
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