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Overview

Scott has more than 40 years of experience in real estate financing, workouts, acquisition, development and sale, and as counsel to closely held companies.

Scott's practice includes the representation of developers, lenders, institutional owners and tenants in various types of real estate projects, including high-rise office buildings, industrial facilities, condominiums, residential developments, retail shopping centers and apartments.

His significant transactions include representing the City of Seattle in the acquisition of the Municipal Tower (formerly, Gateway Tower), developers and ground lessors commercial office buildings and lenders in mortgage loan transactions, workouts and foreclosures.

Scott is a fellow of the American College of Real Estate Lawyers and the Pacific Real Estate Institute, has been a lecturer at the University of Washington Law School (teaching real property security), and is a frequent contributor to continuing legal education programs.

Professional Activities

  • American Bar Association, Member
    • Casualty and Other (non-title) Insurance Committee of Real Property Transactions Group, Chair, 2009-2012
  • American College of Real Estate Lawyers, Fellow
    • Insurance (non-title) Committee, Chair, 2009-2011
  • International Council of Shopping Centers, Member
  • Pacific Real Estate Institute, Fellow
  • Washington State Bar Association, Member
    • Real Property, Probate & Trust Section, Chair, 1992-1993

Experience

Experience

Representative Work: Financing and Workouts

  • Representation of lender in $226 million financing of cogeneration facility in Ferndale, Washington
  • Representation of lender in ESOP loan to owner of newspaper, television and radio station operator
  • Representation of insurance company lender in $113.5 million loan secured by deed of trust on 9-building business park with LIBOR based pricing and interest rate hedge
  • Restructure of $188 million loan portfolio on behalf of lender secured by multiple commercial properties, listed and unlisted securities and partnership interests
  • Sale of defaulted note, secured by first lien of trust encumbering two building commercial office development on behalf of co-lending syndicate
  • Representation of lender in $120 million defaulted condominium loan resulting in deed in lieu from developer
  • Representation of lender in foreclosure on 3 commercial structures as security for loans totaling $21 million

Representative Work: Acquisition, Development and Sale

  • Port Townsend Paper - representation of purchaser of pulp and paper mill facility at Port Townsend, Washington
  • 1420 Fifth Avenue - representation of developer in acquisition, development, leasing and financing of 950,000 square foot commercial office building in Seattle, Washington; subsequent representation in acquisition of facility by publicly traded real estate development company; negotiation of $160 million permanent financing and creation of joint venture with institutional investor
  • Southcenter Shopping Mall - representation of purchaser of 1,000,000 square foot enclosed shopping mall in Tukwila, Washington, and subsequent re-financing
  • Key Bank Tower - representation of City of Seattle in acquisition of 1,100,000 square foot office tower
  • Westlake Apartments - representation of developer in negotiation of joint venture with institutional investor for ownership of 19-story high-rise apartment complex in Seattle
  • Symetra Building & Key Bank Center - representation of owner in negotiation of long-term ground leases to developer of 400,000 square foot and 600,000 square-foot office buildings in Bellevue, Washington
  • Snohomish Cascade - representation of landowner in sale of app. 1500 acres of to residential developer; transaction was structured with profit participation to land seller resulting in over $25 million of additional sales proceeds to land owner
  • Representation of purchaser of four sawmill facilities and timberland located in Oregon and Washington from seller operating under Chapter 11 plan of reorganization
  • Representation of building supply wholesaler in spin-off of 266 locations in 25 states and lease-back to operator

News & Insights

News & Insights

Presentations

  • “Legislative and Case Law Update,” Foster Pepper 2017 Real Estate/Land Use Briefing: Essential Industry Updates, November 2017
  • “Legislative and Case Law Update,” Program Co-Chair, Real Estate Purchases & Sales, Law Seminars International, March 2016
  • “Recent Developments in Real Estate Law,” WSBA Real Property, Probate and Trust Section, December 2015
  • “Current Trends in Financing,” Foster Pepper 2015 Land Use/Real Estate Briefing: Essential Industry Updates, October 2015
  • “CCRS in Purchases and Loans,” Easements, CCRs, and Development Agreements: Sophisticated Approaches for Drafting Provisions and Litigating Disputes, Law Seminars International, September 2015
  • “Real Property Update,” WSBA Real Property, Probate and Trust Midyear Meeting and Conference, June 2015
  • “Post Foreclosure Liability,” Focus on an Ever-Shifting Landscape: Annual Spring Real Estate Update, WSBA Real Property, Probate and Trust Section, April 2015
  • “Commercial Real Estate Lending and Guaranties,” Foster Pepper 2014 Land Use/Real Estate Briefing: New Regulatory Developments and their Impact on the Future of Land Use and Real Estate, November 2014
  • “Washington State Bar Association (WSBA): 2014 Real Property, Probate and Trust Midyear Meeting and Conference,” June 2014
    • "Real Property Update"
    • "Personal Guaranties - Recent Developments in Post-Foreclosure Liability"
  • “CCRS in Purchases and Loans,” Easements and CCR: Sophisticated Approaches for Drafting Provisions and Litigating Disputes, Law Seminars International, April 2014
  • “Guaranties, Non-Judicial Foreclosures, Carve-Outs and Post-Foreclosure Liability,” Washington State Bar Association, 20th Annual Fall Real Estate Conference, December 2013
  • “Analysis of Lease Language Addressing Allocation of Risk and Insurance Matters: How to Get It Right and Sleep Soundly,” International Council of Shopping Centers (ICSC), Annual U.S. Shopping Center Law Conference, October 2013
  • “Real Estate Case Law and Legislative Update,” Washington State Bar Association, Real Property Probate & Trust Section Mid-year Meeting, June 2013
  • “Carveout Guaranties in Commercial Loans: Drafting Tips to Avoid Unintended Liabilities,” American College of Real Estate Lawyers, February 2013
  • “Recent Developments in Washington Real Estate Law,” Washington State Bar Association and King County Bar Association Annual Fall Real Estate Conference, December 2012
  • “Bad Boys, Bad Boys, Watcha Gonna Do: How Nonrecourse Is Your Loan?” American College of Real Estate Lawyers, October, 2012
  • “Washington Deed of Trust Act – Recent Developments in Residential Foreclosures,” Senior Lawyer Section Annual Meeting, Washington State Bar Association, April 2012
  • “Insurance, Indemnity, Waiver of Subrogation and Other Risk Shifting and Sharing Provisions – What You Need to Know in Drafting and Enforcing These Clause,” International Council of Shopping Centers Annual Law Conference, October, 2011
  • “Recent Developments in Washington Real Estate Law,” Washington State Bar Association and King County Bar Association, March and May 2011
  • “Advanced Insurance Issues in Leasing Transactions,” International Council of Shopping Centers Annual Law Conference, November 2010
  • “Equitable Subrogation for Title Insurers: A Washington State Perspective,” American Land Title Association – Reinsurance Committee Annual Meeting, September 2007
  • “Insurance, Indemnity, Waiver, Release, Subrogation – Lease Clauses You Need to Know More About,” American Bar Association, Real Property Section, Fall CLE Program, September 2007
  • “Real Estate Issues in Estate Planning,” Heckerling Institute Annual Estate Planning Conference, January 2007

Publications

  • "Liquidated Damages in Washington State Purchase and Sale Agreements," The Practical Real Estate Lawyer, American Law Institute CLE, Volume 35, Number 5, September 2019
  • “Liquidated Damages in Washington State,” ACREL News & Notes, November 2018
  • “Regional Real Estate Practice Guide: Washington,” Chambers USA: Regional Real Estate guide, 2018
  • “Navigating the Foreclosure Process,” Mortgage Banking, April 2009
  • “Mortgages,” Washington Real Property Desk Book, 4th Ed., Chapter 20 (Washington State Bar Association), 2009
  • “Commercial Lease Practice,” Washington Real Property Desk Book, 4th Ed., Chapter 20 (Washington State Bar Association), 2009
  • “Planning Issues in Mixed Use Developments,” Practical Real Estate Lawyer, July 2005

Admissions

  • Washington, 1975
  • U.S. District Court, Western District of Washington, 1975

Education

  • J.D., University of Washington School of Law, 1975
    • Order of the Coif
  • B.A., Yale University (cum laude), 1971

Honors & Recognition

  • The Best Lawyers in America© Real Estate Law, 1987-present
  • Best in the Business: Leading Lawyers in the Puget Sound Region, Seattle Business, Real Estate, 2013
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