John W. Benson

John W. Benson: Attorney with Eversheds Sutherland (US) LLP
  • Partner at Eversheds Sutherland (US) LLP
  • 999 Peachtree Street, N.E., Atlanta, GA 30309-3996
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John Benson represents lenders, pension fund advisers, syndicators and commercial mortgage servicers and special servicers in various aspects of real estate finance and real estate structured finance. John’s practice concentrates on securitized commercial real estate loans, affiliated debt products, structured finance and the resolution of nonperforming or sub-performing real estate assets. More specifically, John brings a thorough understanding of real estate mortgage investment conduit (REMIC) regulations and the way they impact commercial mortgage origination and loan servicing, including servicing publicly traded commercial mortgage-backed securities (CMBS) trusts, as well as legal risk management in entrepreneurial and developing businesses.

Prior to joining Eversheds Sutherland (US), John served as vice president and associate counsel for GMAC Commercial Mortgage Corporation, where he managed the legal representation for various GMAC subsidiaries involved in commercial mortgage origination, servicing, brokering and resolution. He was responsible for establishing ongoing legal support for a mortgage servicing outsourcing operation in Hyderabad, India, and providing legal support to GMAC mortgage operations in Tokyo. Prior to its acquisition by GMAC, John was general counsel of CapMark Services L.P., and general counsel for CapMark’s predecessor, AMRESCO Services L.P. During his time with CapMark and AMRESCO, John closed in excess of 100 commercial mortgage-backed securities transactions representing approximately $160 billion in commercial mortgage servicing rights.

John is admitted to the State Bar of Georgia. He has submitted his application to New York State Bar. His work is supervised by New York State Bar members.

Selected Experience

Aided Bank of America as special servicer in $1.3 billion loan workout.
Represented mortgage lender group in $785 million credit facility modification.
Represented LNR in tenant in common workout.

Awards and Rankings

Honored with BTI Consulting Group’s Client Service Award for delivering unsurpassed client service (2018)

Recognized by The Legal 500 United States in the area of real estate and construction (2016-2017)


“Real estate structured finance transactions are a mix of real estate fundamentals, securities issues, regulatory issues, tax issues and economic analysis that must all align for the best interest of myriad interested parties, each having their own goals and objectives. The trick is to achieve all of those goals and objectives to the mutual satisfaction of all of the parties, while at the same time staying within the labyrinth of contractual, legal and ethical constraints.”

Legal Alerts

Legal Alert: Changes to 2016 ALTA Survey Standards - What You Need to Know (March 24, 2016)
The American Land Title Association (ALTA) and the National Society of Professional Surveyors (NSPS) recently adopted revised Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys. ...

Legal Alert: Delaware Supreme Court Finds UCC Termination Filings Valid Despite Lack of Lender’s Intent (October 28, 2014)
On October 17, the Delaware Supreme Court held that JP Morgan (JPM) terminated its security interest in all of the collateral provided by General Motors (GM) in support of a $1.5 billion loan, ...

Legal Alert: Holder of Deed Need Not Be Holder of Note to Foreclose, Georgia Supreme Court Rules (May 23, 2013)
The Georgia Supreme Court held this week that the holder of a security deed need not also hold the underlying note to exercise the power of sale in accordance with the terms of the security deed. ...

Legal Alert: Michigan Court Holds Borrower’s Breach of SPE Requirement in Non-Recourse Carve-Out Provision of CMBS Loan Document Results in Full Recourse Liability for Borrower and Guarantor (January 23, 2012)

Legal Alert: IRS Issues Welcome Guidance Regarding Treatment of Releases of Property Securing REMIC Loans (August 26, 2010)

Legal Alert: Bankruptcy Court Denies CMBS Lenders’ Requests to Dismiss Bankruptcy Petitions of SPE Affiliates of General Growth Properties, Inc. (August 19, 2009)

Legal Alert: Putting Covered Bonds In Perspective (August 15, 2008)

Legal Alert: Supreme Court Rejects Pre-Confirmation Tax Exemptions (June 18, 2008)

Legal Alert: Proposed Amendments to REMIC Regulations Published Today (November 9, 2007)


Loan Closing 2015 (May 5, 2015)
Mortgage Bankers Association Commercial/Multifamily Servicing and Technology Conference
Sutherland Partner John W. Benson presents on “Loan Closing 2015” at the Mortgage Bankers Association (MBA’s) Commercial/Multifamily Servicing and Technology Conference on May 5, 2015, in Boston, MA.

Data Security (May 4-7, 2014)
Mortgage Bankers Association (MBA)
Sutherland Partner John W. Benson presented on “Data Security” at the Mortgage Bankers Association (MBA’s) Commercial/Multifamily Servicing and Technology Conference 2014 at the Marriott New Orleans, ...

Areas of Practice (5)

  • Real Estate
  • Bankruptcy, Restructuring & Creditors' Rights
  • Real Estate Finance, Capital Markets & Commercial Mortgage Servicing
  • Hospitality & Leisure
  • Distressed Real Estate

Education & Credentials

Contact Information:
University Attended:
Duquesne University, B.A.
Law School Attended:
University of Houston Law Center, J.D.
Year of First Admission:
1987, Georgia

Professional Activities
Member, Commercial Real Estate (CRE) Finance Council
Member, American Bar Association
Member, State Bar of Georgia
Member, Atlanta Bar Association
Member, Commercial Real Estate Finance Section, Mortgage Bankers Association

Birth Information:
Washington, D.C., January 25, 1962

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Documents (4)

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Atlanta, Georgia

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