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Thomas J. Biafore

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Thomas J. Biafore

Thomas J. Biafore

Partner
 
Kilpatrick Stockton LLP
Suite 2800, 1100 Peachtree Street
Atlanta, Georgia  30309-4530
(DeKalb & Fulton Cos.)

Telephone: 404 815 6250
Fax: 404 541 3129
http://www.KilpatrickStockton.com



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Experience & Credentials
 


Practice AreasCorporate Finance & Securities; Finance; Real Estate; Finance and Capital Markets; Subprime and Credit Markets Litigation
 
EducationDuke University School of Law, J.D., high honors, 1991, University of Notre Dame, B.B.A., high honors, 1988
 
Admitted1991, Georgia
 
Biography

Mr. Biafore serves as the leader of the Real Estate Finance and Capital Markets Team. He focuses his practice on structured finance and servicing matters relating to commercial mortgage-backed securities with an emphasis on federal tax and compliance issues. Mr. Biafore represents a number of servicers and special servicers on a variety of matters relating to securitized loan modifications and restructurings. Mr. Biafore has significant experience with a variety of pass-through finance vehicles including REMICs and grantor trusts. He has given numerous lectures and authored articles relating to tax and servicing issues in structured finance and has represented servicing clients in successful requests to the IRS for private letter rulings on a variety of securitization issues.

Selected Experience

· Represents servicers in a variety of post-issuance loan modifications, collateral alterations and reconfigurations.

· Represented servicers in successful private letter ruling requests with the IRS related to the securitization consequences of post-issuance loan modifications, loan defeasances, and other REMIC issues.

· National CMBS and REMIC counsel to numerous servicers and special servicers.

· Represented servicer and special servicer in defeasances of $400 million securitized mortgage loans.

· Expert witness in federal court proceeding on behalf of CMBS Trust related to $100 million dispute between parties to the securitization.

· REMIC counsel to noteholders on $2 billion plus multiproperty loans.

· Served in 2006 as expert witness on US capital markets issues in international proceeding in Israel.

· Expert witness in US Bankruptcy Court proceeding issues related to call protection in US capital markets loans.

· Expert witness in 2006 on REMIC and capital markets issues in preliminary injunction hearing in federal court.

Background

· Frequent speaker, panelist and author on REMIC servicing issues.

· Recognized by The Best Lawyers in America for 2008 in the area of Structured Finance.

 
ISLN901406802
 

Documents by this lawyer on Martindale.com


Rev. Proc. 2009-45 does it help?
Thomas J. Biafore, Stephen A. Edwards, Rex R. Veal, September 23, 2009
The deterioration of the real estate and credit markets has resulted in a sharp increase in the number of defaulted CMBS mortgage loans and with that a knee-jerk reaction from some quarters calling for changes to and "modernizations" of the real estate mortgage investment conduit...

Updated REMIC Regulations - What Do They Mean?
Thomas J. Biafore, Stephen A. Edwards, Rex R. Veal, September 23, 2009
On September 15, 2009, the Treasury promulgated final regulations updating the rules related to modifications of loans held in real estate mortgage investment conduits (or "REMICs"). The changes in the REMIC regulations, which apply to all loan modifications on or after September 16,...


 

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