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Beth H. Mitchell, Nutter McClennen & Fish LLP Photo

Beth H. Mitchell

Co-Chair, Commercial 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 representative transactions include: 

  • Representation of 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 insurance companies on approximately $345 million of construction/permanent financings for mixed-use residential and retail projects within commercial condominiums in the Fenway neighborhood of Boston, Massachusetts.
  • Representation of various insurance companies on financings of offices, laboratories, apartment buildings and hotels on long-term ground leases in Cambridge, Massachusetts.
  • Representation of lenders and special servicers in various troubled debt restructurings and foreclosures involving commercial real estate properties throughout the United States.
  • Representation of a borrower/developer in a joint venture with an institutional investor and the construction/permanent financing regarding the development of the former Spags site in Shrewsbury, Massachusetts.
  • Representation of a borrower/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 a real estate investor/developer on joint venture agreements and real estate investments in commercial development projects (including hotels) in Massachusetts and New Hampshire.
  • Representation of a real estate developer on the construction loan financing of a hotel within an overall $230 million mixed-use development structured as multiple ground lease parcels in Boston, Massachusetts.
  • Representation of a real estate developer in the creation of a reciprocal easement agreement among various ground lease parcels for the development of a mixed-use residential, garage and hotel development in the Seaport district of Boston, Massachusetts.
  • Representation of a real estate investment company on joint venture agreements and investments in projects (including student housing) in California, Montana and North Carolina.
  • Representation of non-profit institutions in the sale of various ground lease parcels in Boston, Massachusetts, including for the development of affordable housing projects.
  • Representation of landlords in commercial lease transactions, including ground leases, for properties in Massachusetts.
  • Representation of several banks, as tenants, in leasing bank branch locations and offices in Massachusetts, Florida and California.

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 as an officer of ACMA and is a member of the Board of Governors of ACREL. 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

  • Nutter Represents Cigna on Chicago Acquisition Financing

    Nutter represented Connecticut General Life Insurance Company, as lender, in connection with a $24,000,000 acquisition loan secured by two connected 7-story office buildings in the River North neighborhood of Chicago, Illinois. The buildings, containing approximately 121,600 square feet of office space, are located at 357-363 West Erie Street and are leased to multiple tenants.

  • Nutter Represents Client in Lakeway Commons Project

    Nutter's client, Grossman Development Group, along with its investment partner and lender, successfully completed the acquisition of the former Spags site along Route 9 in Shrewsbury, Massachusetts. The development team has commenced construction of a new mixed use project at the site, known as Lakeway Commons.

  • Phoenix Property Company/Lincoln Property Company

    Nutter represents a joint venture between Phoenix Property Company /Lincoln Property Company and an institutional investor in the permitting and transactional aspects of a large, complex, multi-party residential/hotel/retail mixed-use project with underground garage to be constructed on the land known as Parcel K, owned by the Massachusetts Port Authority, that is located in the Seaport District in Boston. The Project will consist of a 12-story apartment building with 304 apartments, a 12-story, 294-room hotel, office and retail space in both towers and a 1-level underground garage. Our work leading up to the initial closing involved the negotiation of:  the acquisition of the Project development rights from a prior developer; the joint venture between Phoenix Property Company/Lincoln Property Company and an institutional investor; the transfer of the hotel development rights to a joint venture between Hyatt Hotels Corporation and a hotel operator; multiple ground leases with Massport for the separate Project components; a construction loan with JPMorgan Chase, N.A. as lead lender; and a complex reciprocal easement agreement among the different Project components; as well as addressing complex permitting and title issues (including the creation of multiple air rights parcels).   

  • 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 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.

  • Delaware North

    Represented Delaware North, one of the largest privately held global hospitality and food service companies in the world, when it expanded its portfolio of resorts into Massachusetts by acquiring the Sea Crest Beach Hotel on Cape Cod.

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

Beth is currently serving as an officer of the American College of Mortgage Attorneys (ACMA) and is a member of the Board of Governors of ACREL.

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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