Real Estate & Land Use
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University of California, Berkeley, Boalt Hall School of Law, J.D., 1977.Editor-in-Chief, California Law Review.
Washington University, St. Louis, MO, B.A. and M.B.A., 1972.
Marv Pearlstein represents some of the most successful and active real estate development companies and financial institutions in their acquisition, disposition, development, construction, financing, leasing and management of real property. He has substantial experience in representing these clients in every major real estate product area, including multifamily, office, commercial, industrial and hospitality.
Mr. Pearlstein's work with major financial institutions includes equity investments and a wide range of sophisticated financing and leasing arrangements. These arrangements include real estate secured financings and other asset-based lending and debt restructurings involving real and personal property and property interests. He also has worked on numerous large portfolio transactions involving the acquisition or disposition of asset pools.
Prior to starting in private practice, Mr. Pearlstein served as a judicial clerk for one year on the staff of California Supreme Court Justice Stanley Mosk.
Represents a premier national full-service real estate company in its ongoing acquisition of multifamily apartment operating properties and development sites, as well as performing and nonperforming real estate-secured loans throughout California, Washington, Hawaii and Colorado. In a 12-month period represented the client in the acquisition of over 1,000 units valued at $500 million.
Represented a leading real estate finance company in the workout of troubled assets in its loan and REO portfolios, including the disposition of numerous properties and the sale of loans secured by real estate assets in the Western United States. This work required a multidisciplinary approach, involving real estate, land use, bankruptcy and workout experience.
On behalf of a major developer, closed on a long-term escrow for the acquisition of a large residential development site in Northern California, the first in a planned portfolio of apartment assets for this East Coast-based client. The site involved a number of difficult issues, including the resolution of proposed school fees and other project impositions, the relocation of cell towers under long-term leases on-site, modification of existing reciprocal easement arrangements and investigation of an environmental event occurring on the eve of closing.
Represented a national real estate company in the negotiation and restructure of secured loan obligations, loan workouts, foreclosure and debtor bankruptcy issues, and in obtaining relief from stay, as well as a foreclosure sale where collateral (equity interests) was bought by a third party.
Represents one of the largest investors, developers and operators of apartment communities in the United States in the acquisition of sites for multifamily developments throughout California. Each deal has required the resolution of significant issues―CC&R's prohibiting the proposed redevelopment, assemblage of parcels from multiple owners, long-term tenancies of current occupants, and averting proposed development fee increases.
Represents a private shopping center developer and investor on special issues confronting centers it owns in California, including navigating the resolution of disputes concerning the ground lease of a portion of the land used for one of its centers and the refinancing of the affected center. The issues have involved transactional, land use, entitlement, leasing and litigation.
Represents an educational institution in a complex agreement for the sale of several hundred acres owned by the college. The sale of the land had been challenged by a ballot initiative that was successfully defeated. Now that a sale is possible, the purchase negotiations will require the resolution of some key issues including processing several sets of lot line adjustments and/or subdivision maps, upgrading the college's private water treatment plant and creating trail and open space easements, reciprocal access easements, and restrictive covenants.
Quoted, “Going for the Gold,” Multi-Housing News, May 2014.
Author, "When Nonprofits Run Aground," GlobeSt.com, November 21, 2013.
Past President, Bentley School Board of Trustees.
National Multifamily Product Council Member, Urban Land Institute.
San Francisco Residential Product Council Member, Urban Land Institute.
Member, Board of Directors, Congregation Beth El in Berkeley, California.
Mr. Pearlstein is a frequent lecturer in the areas of finance, real estate development, risk management strategies, joint ventures and creative deal structuring.
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