Gary S. Smuckler

Partner

Gary S. Smuckler is the deputy leader of Morgan Lewis's Real Estate Practice and head of the Real Estate Practice in the Washington, D.C. office. Mr. Smuckler represents lenders and servicers involved in the multifamily and commercial mortgage market in transactions and in a number of regulatory, secondary market and securitization concerns. Mr. Smuckler also represents lenders and servicers under the programs of Fannie Mae, Freddie Mac and conduits engaged in commercial mortgage securitization.

Recent representations include the following:

• Origination of hundreds of permanent multifamily mortgage loans in every region of the country for numerous mortgage bankers under the programs of both Fannie Mae and Freddie Mac (and virtually every variation of those programs).
• Origination of tax-exempt bond credit enhancement and master credit facility mortgage loans under the multifamily programs of both Fannie Mae and Freddie Mac.
• Origination of conduit, mezzanine and bridge loans as well as other kinds of specialized commercial products for various lenders under several different capital markets programs.
• Representation of the sponsor of the mezzanine loan product under the Fannie Mae program ("DUSPlus") as well as the sponsor of the high-leverage product for Freddie Mac.
• Representation of various lenders in negotiating specialized agreements for the origination and sale to Fannie Mae and Freddie Mac of innovative multifamily mortgage products.
• Representation of numerous Fannie Mae DUS lenders in connection with true sale issues under FAS 140, addressing the unusual loss-sharing features of the DUS product line.
• Representation of various multifamily and commercial mortgage servicers in connection with assumptions, loan modifications, defeasances and other loan administration issues.
• Handling of various types of litigation relating to commercial and multifamily loan servicers.
• Advising mortgage bankers on labor and employment, executive compensation, data security and other specialized issues.
• Representation of both corporate targets and acquirers of commercial and multifamily lenders and on specialized Freddie Mac and Fannie Mae licensing and due diligence topics.
• Representation of an Islamic finance company in the development of a commercial finance product that satisfies the need for Sharia-compliance by both the property owner and the pass-through financier.

Mr. Smuckler was Deputy General Counsel-Managing Attorney at the Federal Home Loan Mortgage Corporation (Freddie Mac) and, before that, in-house counsel and head of mortgage servicing at a large savings and loan association in the Detroit area. An active member of the Mortgage Bankers Association of America, Mr. Smuckler is a recent past chair of its Commercial Loan Origination Committee and is presently vice chair of its Legislative Committee. He is also a former member of the Board of Governors of the Mortgage Bankers Association of Metropolitan Washington. He has published in national publications of the mortgage banking industry and spoken extensively to national audiences on subjects pertaining to that industry.

Mr. Smuckler is vice chair of the Global Community Service Foundation and regularly travels to Vietnam in support of that organization's activities. For many years, Mr. Smuckler was trustee and chair of the Edmund Burke School in Washington, D.C.

Mr. Smuckler is admitted to practice in the District of Columbia and Michigan.