• Nicole Fenton brings more than 25 years of experience to her work advising U.S. and international investors in real estate transactions across the country involving virtually every type of asset class, including multifamily, mixed-use, retail, office and hospitality projects.

    Nicole’s clients include owners, developers, investors and lenders, and she counsels and represents them in acquisitions and dispositions, development, construction and mezzanine financing, joint ventures, and preferred equity investments. Nicole also advises developers, family offices, private equity funds and institutional investors through every stage of financing — from capital raise to development, leasing, marketing and disposition — as well as not-for-profit entities in for-profit transactions.

    Nicole’s work often involves ground-up development transactions, advising on all aspects, including structuring, acquisition, joint venture, financing (including acquisition/land loans, construction loans and permanent financing) and construction management agreements. She regularly deals with complicated development issues, including development agreements, entitlements and related issues. Nicole also routinely assists clients with dispute resolution, troubleshooting and managing issues that may arise in the course of owning, operating, developing and managing real estate projects and parachutes into troubled and existing investments.

    Experience

    • Represented the minority equity partner in a $3 billion recapitalization (including the acquisition and takeover of the controlling interest from a private equity firm), refinancing (a $1 billion securitized first mortgage loan and an $80 million mezzanine loan from a foreign-based pension fund) and redevelopment of one of the largest multifamily properties in the United States.

    • Represented the development arm of a real estate investment and development company in the acquisition of a property under construction located in downtown Manhattan in which the purchaser was the stalking horse in a Chapter 11 restructuring of the parent company of the debtor.

    • Represented the development arm of a real estate investment and development company in connection with a $26 million construction loan and an $11 million private equity investment with respect to the acquisition and development of a multifamily property in Harlem.

    • Represented a religious organization in the sale of a 150-plus-acre property in Westchester County, New York, to be subdivided and sold to two separate purchasers — one a publicly traded (Fortune 500) nationwide homebuilder and the other a governmental agency — that included extensive negotiation of entitlements required as conditions to closing.

    • Represented a New York-based developer in the $300 million acquisition, financing and repositioning of a corporate campus in Playa Vista, California.

    • Represented a Hong Kong-based family office in the acquisition, development and financing of multiple high-end residential and office properties located throughout Los Angeles, California.

    • Represented several high net worth individuals in connection with a joint venture with a real estate technology company to develop and construct highly secured energy-efficient data centers throughout the United States. 

    • Represented a New Jersey-based developer in connection with a $100 million programmatic joint venture with a Canadian private equity investor for the construction and development of “branded” multifamily properties located throughout the United States, including structuring the joint venture, negotiating the joint venture agreement and the “form” of joint venture agreements for “lower tier” joint ventures, and the acquisition and financing of the first three investments located in three different states.

    • Represented a private equity investor in connection with the joint venture, reverse exchange (including the sale of the relinquished property and the acquisition of the portfolio of replacement properties) and financing of multifamily properties located in Murray Hill, New York.

    • Represented an insurance company as the capital partner in a $50 million joint venture with a Boston-based developer for the construction and development of a life sciences campus outside Boston.

    • Represented a New York-based family office in multiple financings and joint ventures with respect to the acquisition, sale, construction and development of multifamily and mixed-use properties primarily located in New York and Florida.

    • Represented a New Jersey-based developer in multiple financings and joint ventures with respect to properties located in New York and New Jersey.

    • Represented the investment arm of a family office as the tenant under two separate ground leases for 300-plus acres of timberland located in an Opportunity Zone to be redeveloped for industrial purposes, including the construction of two build-to-suit Class A industrial buildings comprising approximately 300,000 square feet, working with tax counsel on structuring and setting up the Opportunity Zone investment vehicles, and negotiating an agreement regarding the construction and development of infrastructure required for the properties and the sharing of costs.

    • Represented a government agency in a public-private partnership with a New York-based developer for the redevelopment of a transit facility for a mixed-used development, including structuring, drafting and negotiating multiple ground leases and development agreements.

    • Represented a private equity firm in connection with the restructuring and refinancing of a defaulted construction loan for a large condominium project in Greenwich Village, New York.

    • Represented the borrower (a publicly traded real estate investment trust) in a $750 million loan that involved 82 borrowers and 376 single-tenant commercial properties in 42 states (many with mortgage recording taxes), a deal that was started a week before the COVID-19 shutdown in March 2020 and closed the second week of July, only two weeks after the initial target closing date.

    • Represented a New York-based developer in a $274 million construction loan and a $97 million mezzanine loan for the renovation of an office building in Greenwich Village.

    • Represented a New York-based family office in connection with the $180 million refinancing of an office building in Midtown Manhattan.

    • Represented a New York-based development company in the acquisition of a defaulted loan comprising a senior mortgage loan, a subordinate mortgage loan and three mezzanine loans secured by a multifamily complex under construction in Brooklyn, New York.

    • Represented an Atlanta-based developer in connection with the $52 million refinancing of a multifamily building in Atlanta, Georgia.

    • Represented a joint venture of two real estate investment companies in connection with the purchase of a $35 million A-note (representing 50% of a defaulted $70 million mortgage loan secured by an office building in Short Hills, New Jersey).

    • Represented a private equity firm in connection with the acquisition of three loans secured by multifamily properties in Miami, Florida.

    Credentials

    Education

    • J.D., New York University School of Law, 1993
    • B.A., Brandeis University, 1990

    Bar Admissions

    • New York, 1994
  • *No aspect of this advertisement has been approved by the Supreme Court of New Jersey. A description of the Super Lawyers selection methodology can be found here.