Overview

Drawing on an extensive background protecting the federal government’s real property interests, Jim Provenzale is well-positioned to advance the business goals of mortgage lenders, borrowers, landlords, tenants and other participants in the real estate industry. He specializes in commercial real estate finance law and has closed (or supervised the closing of) over 200 Federal Housing Administration (FHA)-insured mortgage loans.

In resolving legal issues, Jim combines the creativity he developed as a classically-trained musician with the precision of a federal regulator. He seeks to fully understand his clients’ objectives before offering legal advice.

Jim spent the first 14 years of his career as a real estate attorney with the U.S. Department of Housing and Urban Development (HUD), most recently as Chief Counsel to HUD’s Des Moines Field Office, a position he held for eight years.

Experience

Multifamily Housing Finance

Jim has substantial experience closing transactions under HUD’s multifamily programs, including the following:

• Sections 221(d)(4) and 220 (new construction and substantial rehabilitation)
• Sections 223(f) and 223(a)(7) (refinancing and acquisition)
• Section 241(a) (supplemental loans)
• Section 213 (cooperative housing)

Such transactions often involve low income housing tax credits (LIHTC), and Jim has in-depth knowledge of how HUD has modified its programs to accommodate the needs of LIHTC investors.

While at HUD, he regularly trained HUD closing attorneys on rental housing topics at the Department’s annual Closing Schools. He has spoken at the Southwest Mortgagee Advisory Council’s annual conference on avoiding pitfalls in HUD-insured loan closings.

Healthcare Facility Finance

Jim has earned a reputation as a national authority on the Section 232 program, a real estate finance tool for healthcare facilities. He served as Chair of HUD’s Section 232 Document Reform Implementation Committee, which published answers to over 100 questions from lawyers on how to utilize and interpret HUD’s healthcare facility closing documents. Jim has trained dozens of HUD closing attorneys across the country on how to review master leases and other documents affecting portfolios of related facilities. He has also spoken at the Midwest Lenders Association’s annual conference on master lease-related issues.

Commercial Real Estate Asset Management

In addition to his work on loan closings, Jim handles legal issues arising after the loan closes. He offers expertise on many asset management functions, including transfers of physical assets (TPAs), interest rate reductions (IRRs), Section 8 Housing Assistance Payments (HAP) contract assignments, commercial leases, partial releases of security and previous participation clearance (2530).

Jim has also assisted project owners in resolving compliance issues arising with HUD’s Departmental Enforcement Center (DEC).

Articles & Presentations

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