David S. Wilson

David Wilson is a member of Kirton McConkie’s Real Estate section. His practice includes a broad range of real estate matters, including acquisition, disposition, leasing, financing, planning, zoning, and development of low-income housing tax credit projects, multi-family residential developments, skilled nursing and assisted living facilities, and other commercial and industrial properties. He has represented both lenders and borrowers in the documentation of multi-site, multi-state mortgage loans and in workouts of troubled loans. Mr. Wilson has extensive experience in representing sponsors in all aspects of the development of low-income housing tax credit projects and landlords in the purchase, sale, and leasing of properties used as nursing homes, assisted living facilities, and other senior housing uses.

Education

• University of Illinois College of Law, JD, magna cum laude, 2007
  • Managing Editor, Elder Law Journal
  • Intellectual Property Moot Court, awarded best overall, best brief and best oral argument
  • Harno Scholar, Dean’s List
  • CALI Excellence for the Future Awards in Real Estate Development and Baseball Salary Arbitration
• Brigham Young University, BS, Business Management (Organizational Behavior), 2000
  • Minor in Political Science

Experience

Representative Transactions

• Lead counsel in over $1.6 billion of senior housing real estate investments, including acquisitions of existing facilities, reinvestment in owned assets, and construction of new facilities

• Represented landlord in $260 million acquisition and development of a high-rise assisted living facility on the island of Manhattan

• Advised senior management and assisted in all phases of property diligence, negotiation and documentation of $50 million investment in $1.1 billion joint venture with private equity partner, including securitized mortgage and mezzanine loans in excess of $700 million

• Negotiated complex consolidation of multiple leases into a single 12-year master lease for skilled nursing portfolio in Texas

• Represented subsidiary unit of Fortune 100 client in the liquidation of real and personal property assets in connection with winding down operations

• Represented large university in negotiation of 50-year license agreement for attachment of a skybridge to client’s parking garage in downtown Chicago

• Participated in all phases of negotiation and drafting of documents for secured $50 million working capital loan to portfolio tenant to facilitate development and lease-up of new facilities

• Represented private REIT client in $505 million secured mortgage financing with property in 21 states

• Represented administrative agent in securing defaulted unsecured $2 billion loan with 523 properties in 48 states

• Represented lender in comprehensive restructure of $80 million of defaulted construction and acquisition loans, including drafting complex governing settlement agreement, deed-in-lieu documents and third-party real property/note sale agreement

• Represented bank clients as equity investors in low-income housing tax credit transactions, including negotiation of limited partnership agreements and reviewing and advising client with respect to multi-layer financing documents and underlying title and construction documentation

• Practiced with Sidley Austin LLP in Chicago, Illinois, and as in-house counsel for a large, publicly-traded senior housing REIT prior to joining Kirton McConkie

• Utah

• J. Reuben Clark Law Society