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Beth H. Mitchell, Nutter McClennen & Fish LLP Photo

Beth H. Mitchell

Co-Chair, Commercial and Real Estate Finance Practice Group / Boston

Overview

Beth Mitchell is a partner in Nutter’s Real Estate Department and co-chair of the firm’s Commercial and Real Estate Finance practice group. Clients rely on Beth’s extensive experience in complex real estate transactions, locally, regionally and nationally, to complete their deals in a timely, practical and efficient manner.

Beth represents banks, life insurance companies, pensions funds and other institutional lenders on commercial real estate finance transactions. In addition, Beth represents real estate developers, owners and other borrowers in real estate financings. Beth has also represented special servicers of securitized loans. Her practice encompasses, among other things, downtown office buildings, suburban office parks, mixed-use developments, hotels, health care institutions, retail complexes and industrial properties. A number of Beth’s more complicated real estate finance transactions have included representation of lender groups (including banks and insurance companies) in construction/permanent financings.

Among Beth’s representative transactions are the following:

  • Represented a life insurance company on multiple portfolio loans, totaling approximately $550 million and secured by industrial properties located throughout the United States, including the sale of a portion of the debt to a third-party investor.
  • Represented a consortium of banks and life insurance companies on approximately $345 million of construction/permanent financings for two mixed-use residential and retail project within commercial condominiums in the Fenway section of Boston, including negotiation of intercreditor and recognition agreements with an institutional buyer of a component of one of the projects and with a pension fund equity investor in another of the completed projects.
  • Represented various life insurance companies on the financings of an office/research and development building, an apartment building and a hotel, each in Cambridge, Massachusetts and each subject to a long term ground lease.
  • Represented real estate developers and investors, including a not-for-profit institution, in the creation of joint venture entities for the development, ownership and financing of real estate projects.
  • Represented a property owner in the acquisition and financing of office, retail and multi-family properties throughout Greater Boston.
  • Represented banks, life insurance companies and special servicers in various troubled debt restructurings and foreclosures involving commercial real estate properties, including office buildings, industrial projects, hotels and senior housing projects throughout the United States.

Beth’s honors related to real estate finance include:

  • Cited in the 2004-2017 editions of Chambers USA: America’s Leading Lawyers for Business as one of the best in her field
  • Selected for Massachusetts Super Lawyers in the 2004-2016 editions of Boston magazine and for Massachusetts Super Lawyers Top 50 Women in 2004, 2008-2012
  • Selected for The Best Lawyers in America, 2006-2017
  • Selected as one of Boston’s Best Lawyers, 2011

Beth is a Fellow of the American College of Real Estate Lawyers (ACREL) and the American College of Mortgage Attorneys (ACMA) and actively participates in each of those organizations. Beth is currently a Vice Chair and the Chair Designate of the Programs Committee of ACREL and will serve as Chair in 2017. She is a Regent of ACMA and a Co-Coordinator of the State and Provincial Chair Committee as well as Massachusetts State Chair. Beth is a past president of the Real Estate Finance Association and served on the Greater Boston Real Estate Board for several years. Through these activities, Beth keeps her finger on the pulse of both legal and business developments affecting the real estate industry and is able to tap into a wide network of professionals to assist her clients.

Additionally, Beth is a member of the Boston Bar Association, a member of The Abstract Club, a former member of the Real Estate and Environmental Law Curriculum Advisory Committee of Massachusetts Continuing Legal Education, Inc. and the past Clerk of the Real Estate Bar Association of Massachusetts where she served as co-chair of the Commercial Real Estate Finance Committee. Beth frequently writes and lectures on real estate topics.

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Beth’s recent representative transactions include: 

  • Representation of life insurance company on multiple large portfolio loans, totaling $550 million and secured by industrial properties located throughout the United States, including the sale of a portion of the debt to a third-party investor.
  • Representation of a consortium of banks and life insurance companies on approximately $345 million construction/permanent financings for two mixed-use residential and retail projects within commercial condominiums in the Fenway section of Boston.
  • Representation of life insurance companies on the financings of an office/research and development building, an apartment building and a hotel, each in Cambridge, Massachusetts and each subject to a long term ground lease.
  • Representation of real estate investors and developers in the acquisition and financing of apartment projects, retail projects, office buildings, industrial properties and health care facilities in New England.
  • Representation of property owner in the creation and sale of an air rights parcel in Boston, Massachusetts.
  • Representation of a developer in a joint venture with a preferred equity investor and the construction loan financing for a residential condominium project along the Rose Kennedy Greenway in Boston, Massachusetts.
  • Representation of the owner on the sale of a property on Boylston Street in Boston, Massachusetts, home to an iconic Apple Store.
  • Representation of banks, life insurance companies and special services in various troubled debt restructurings and foreclosures involving commercial real estate properties, including office buildings, industrial projects, hotels and senior housing projects throughout the United States.
  • Representation of local redevelopment authority in real estate, environmental and permitting matters for the redevelopment of the former South Weymouth Naval Air Station, closed as part of BRAC 1995, including negotiating transfer documents with the United States Navy, drafting smart growth zoning by-laws and regulations, negotiating disposition and development agreements with private developer, issuing infrastructure development revenue bonds for public improvements, amending the enabling legislation for the redevelopment authority and issuing permits for private development.
  • Representation of several banks, as tenant, in leasing various bank branch locations throughout greater Boston and California; represented not-for-profit institution, as landlord, in leasing space in a multi-building medical complex in Boston; and representation of various entities, as landlord, in ground leasing land for development of affordable housing projects.
  • Representation of real estate developers and investors, including not-for-profit institution, in the creation of joint venture entities for the development, ownership and financing of real estate projects.

Beth is a fellow of the American College of Real Estate Attorneys (ACREL) and the American College of Mortgage Attorneys (ACMA). Beth is currently serving her second three-year term as a Regent of ACMA, as well as serving as Co-Coordinator of the State and Provincial Chair Committee and Massachusetts State Chair. Beth will serve as Chair of ACREL’s Programs Committee in 2017. She is a member of The Abstract Club and a past president of the Real Estate Finance Association (REFA). Beth served on the Greater Boston Real Estate Board for several years.

She is a member of the Boston Bar Association, a former member of the Real Estate and Environmental Law Curriculum Advisory Committee of Massachusetts Continuing Legal Education, Inc., and the past Clerk of the Real Estate Bar Association of Massachusetts (formerly known as the Massachusetts Conveyancers Association) where she previously served as co-chair of the Commercial Real Estate Finance Committee. She frequently writes and lectures on real estate topics.

Experience

Experience

  • The Boulevard, Boston Takes Shape

    Advised the owner and developer of a downtown Boston property in the financing of a new 12-story residential and commercial condominium project, known as The Boulevard, in the negotiation of senior mortgage financing as well as a preferred equity investment by the developer’s partner, a national investment management firm. The project is designed to contain 31 market-rate units, five artists’ units, a retail unit, and a garage, and includes elements of a historic Bulfinch building.

  • Represented investors and developers in joint venture agreements

    Represented real estate developers and investors, including not-for-profit institution, in the creation of joint venture entities for the development, ownership and financing of real estate projects.

  • Represented landlords and tenants in leasing

    Represented several banks, as tenant, in leasing various bank branch locations throughout greater Boston and California; represented not-for-profit institution, as landlord, in leasing space in a multi-building medical complex in Boston; and represented various entities, as landlord, in ground leasing land for development of affordable housing projects.

  • Represented lenders on ground lease financings

    Represented life insurance companies on the financings of an office/research and development building, an apartment building and a hotel, each in Cambridge, Massachusetts and each subject to a long term ground lease.

  • Represented life insurance company on multiple large portfolio loans

    Represented a life insurance company on multiple portfolio loans, totaling approximately $550 million and secured by industrial properties located throughout the United States, including the sale of a portion of the debt to a third-party investor. 

  • Represented banks, life insurance companies and special servicers in various troubled debt restructurings and foreclosures

    Represented banks, life insurance companies and special servicers in various troubled debt restructurings and foreclosures involving commercial real estate properties, including office buildings, industrial projects, hotels and senior housing projects throughout the United States.

  • Represented real estate investors and developers in acquisition and financing projects

    Represented real estate investors and developers in the acquisition and financing of apartment projects, retail projects, office buildings, industrial properties and health care facilities in New England.

  • Represented property owner in creation and sale of air rights parcel

    Represented a property owner in the creation and sale of an air rights parcel in Boston, Massachusetts.

  • Represented owner in sale of Apple Store

    Represented the owner of a property on Boylston Street in Boston, Massachusetts, home to an iconic Apple Store, on the sale of the property.

  • Represented consortium of banks and life insurance companies on construction/permanent financings for mixed-use residential and retail projects

    Represented a consortium of banks and life insurance companies on approximately $345 million construction/permanent financings for two mixed-use residential and retail project within commercial condominiums in the Fenway section of Boston, including negotiation of intercreditor and recognition agreements with an institutional buyer of a component of one of the projects and with a pension fund equity investor in another of the completed projects.

  • Represented bank on the acquisition, infrastructure and construction loans for a portion of the Hingham Shipyard redevelopment

    Representation of bank on the acquisition, infrastructure and construction loans for the redevelopment of a portion of the Hingham Shipyard in Hingham, Massachusetts into a mixed-use development.

  • Represented local redevelopment authority in real estate, environmental and permitting matters for the redevelopment of the former South Weymouth Naval Air Station (now known as SouthField)

    Represented a local redevelopment authority in real estate, environmental and permitting matters for the redevelopment of the former South Weymouth Naval Air Station (now known as SouthField), closed as part of BRAC 1995, including negotiating transfer documents with the United States Navy, drafting smart growth zoning by-laws and regulations, negotiating disposition and development agreements with private developer, issuing infrastructure development revenue bonds for public improvements, amending the enabling legislation for the redevelopment authority and issuing permits for private development.

  • Represented local redevelopment authority in real estate, environmental and permitting matters for the redevelopment of the former South Weymouth Naval Air Station

    Representation of the local redevelopment authority in real estate, environmental and permitting matters for the redevelopment of the former South Weymouth Naval Air Station, closed as part of BRAC 1995, including drafting of smart-growth zoning by-laws and regulations, drafting general municipal codes, drafting affordable housing regulations, design standards and sustainability guidelines. Also involved in issuance of permitting decisions for permit granting authority.

News & Insights

News

Publications

Honors

Honors

  • Chambers and Partners, Leading U.S. Real Estate Attorney, 2004-2017
  • The Best Lawyers in America, 2006-2018
  • Massachusetts Super Lawyers, 2004-2017; Massachusetts Super Lawyers Top 50 Women, 2004 & 2008-2012; Super Lawyers Business Edition, 2011-2013; Super Lawyers, Corporate Counsel Edition, 2009 & 2010
  • Who's Who Legal: Real Estate, 2011-2017

Education & Admissions

Education

Northwestern University School of Law, J.D., cum laude, Order of the Coif

Yale University, B.A., cum laude

Admissions

  • U.S. District Court for the District of Massachusetts
  • Massachusetts

Industry Expertise

A fellow of the American College of Mortgage Attorneys (ACMA), Beth is currently serving her second three-year term as a Regent of ACMA, as well as serving as Co-Coordinator of the State and Provincial Chair Committee and Massachusetts State Chair.

Noteworthy

Chambers and Partners, Leading U.S. Real Estate Attorney, 2004-2017

The Best Lawyers in America, 2006-2018

Massachusetts Super Lawyers, 2004-2017

Massachusetts Super Lawyers Top 50 Women, 2004 & 2008-2012

Who's Who Legal: Real Estate, 2011-2017

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