Kevin O’Shea is a partner in the New York office of Milbank LLP and a member of the firm’s Real Estate Group.
New York
Primary Focus & Experience
Mr. O’Shea has extensive experience with commercial real estate finance and institutional joint ventures. His 40 years of experience includes complex origination, structuring and restructuring of large mortgage loans, mezzanine loans, preferred equity, and equity investments for domestic and foreign private equity funds, hedge funds, asset managers, and financial institutions. Mr. O’Shea is one of the leading practitioners in distressed real estate investment and UCC foreclosures for opportunistic investors.
As part of his experience, Mr. O’Shea:
- Represented a joint venture among Access Industries, The Witkoff Group and Monroe Capital on the purchase of the defaulted construction loans on the XI (now known as One Highline) luxury condominium, retail and Faena 6-star hotel project, the acquisition financing of those loans by Blackstone and JPMorgan, the acquisition of the property through a UCC sale, and new construction mortgage and mezzanine financing to redevelop and complete the project.
- Represented SL Green on its acquisition and workout of a defaulted mezzanine loan secured by 625 Madison Avenue, eventually acquired in a UCC sale and then sold to The Related Companies.
- Represented Monroe Capital on the origination and workout of a $113 million corporate loan to HFZ Capital Group.
- Represented Sail Harbor Capital and Baupost on their origination of a late-term subordinate mezzanine loan to Extell Development to complete the construction of Central Park Tower, one of the “billionaires’ row” properties on Central Park South in New York City.
- Represented a joint venture between The Witkoff Group and Monroe Capital to acquire the equity and defaulted debt on the Shore Club in South Beach, FL, the acquisition of the property through a UCC sale, and new construction mortgage and mezzanine financing to redevelop and re-open the project.
- Represented JPMorgan on a construction loan to develop a luxury condominium in Boston’s Seaport District.
- Represented Dune Real Estate Funds on the acquisition of a multifamily property portfolio in Westchester County, New York, and a separate multifamily property portfolio in Florida together with acquisition financing on the Westchester portfolio and the assumption of Freddie Mac financing on the Florida portfolio.
- Represented Strategic Value Partners on two separate sale/leasebacks of two of their portfolio building product manufacturing and industrial companies consisting of 20 properties in the US and Canada.
- Represented The Cordish Companies on their $1.5 billion sale/leaseback of the Live! Casinos in Maryland and Pittsburgh to GLPI.
- Represented Green Loan Services, as special servicer, on the workout of an $850 million defaulted CMBS loan made to Hudson Bay Company and secured by 34 Saks and Lord & Taylor stores across the US.
- Represented PIMCO, as co-lender with Deutsche Bank, on the workout of a defaulted construction mortgage loan on an office building in Chicago.
- Represented BlackRock on an offering of secured notes pursuant to a 144A offering used to provide construction financing to develop ethanol plants in Illinois and Tennessee.
- Represented Monroe Capital and JPMorgan on the origination of a mortgage/mezzanine construction loan to develop two mixed-use office and retail projects in Delray Beach, FL.
- Represented the secured first lien creditors in connection with the 2020 JCPenney bankruptcy filing that concluded with the purchase/leaseback of 12 distribution centers and 175 of the company’s most valuable retail properties by a SEC-registered liquidation vehicle designed to allow for the orderly sale of the properties subject to the terms of the severed leases.
Recognition & Accomplishments
Mr. O’Shea has been Band One-ranked by Chambers USA since 2010 and is currently one of the leading real estate practitioners in the market.
Education
- St. John’s University School of Law, J.D.
- University of Virginia, B.A.
Admissions
- New York