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Partner
Duane M. Montgomery is a partner in Gilchrist & Rutter. His practice focuses on real estate and business transactions, including real estate secured financing matters, acquisitions and dispositions, title reviews, foreclosures, loan workouts, commercial leasing, partnership formations and organization, joint venture matters, and Manufactured Housing conversions.
Mr. Montgomery also assists medium and small businesses in the formation of limited liability companies, corporations and partnerships.
Mr. Montgomery earned his J.D. degree at the University of Michigan Law School, Ann Arbor. He received his M.A. from Andrews University, Berrien Springs, Michigan, and his B.A. Phi Alpha Theta from Newbold College, in Bracknell, England.
Representative Experience:
Served as Vice President and Associate General Counsel to a former major savings and loan association.
Negotiated and documented numerous securitized mortgage transactions as well as portfolio financings for projects involving loans of from $5 million to $200 million.
Negotiated
and documented development, management and leasing agreements for major multiple-phase developments
Negotiated and documented mezzanine loan and mezzanine capital transactions for hotel, office, multifamily and retail projects.
Negotiated and documented construction loans from $12 million to $240 million for office, retail and assisted living facilities.
Negotiated and documented the acquisition and disposition of small and medium sized businesses by way of asset, stock and ownership interest transfers.
Represented major financial institutions, lenders, landowners, borrowers and developers in large, medium and small real estate and business transactions.
Represented mobilehome park owners in connection with Manufactured Housing conversions and mobilehome park management matters, including with respect to obtaining conditional and final approval of subdivision maps, California Department of Real Estate applications related to final reports, documentation of homeowners’ association governing documents, and settlement of park owner claims against governmental entities.
Represented major and medium sized lenders in applying for and obtaining commercial finance lender licensing from the California Department of Corporations.
- Honors and Awards:
- Super Lawyer in Real Estate Law, Southern California Super Lawyers, 2009 and 2010.
- Bar Admissions:
- California, 1985
- U.S. District Court Central District of California, 1992
- U.S. Tax Court, 1992
- Professional Associations and Memberships:
- California State Bar Association, 1985 - Present
- Member
- Los Angeles County Bar Association, 1985 - Present
- Member, Real Estate Section
- Real Estate Executive Counsel, 2003 - 2004
- Member
- White Memorial Medical Center, 2001 - 2004
- Board Member
- Southern California Association of the Seventh-Day Adventist Church, 1996 - 2004
- Board Member
- Classes/Seminars Taught:
- "Selected Issues in Conduit Financing", American Conference Institute's conference on Alternative Financing in Commercial Real Estate in New York, New York, October 19, 2006 - October 20, 2006
- "Conduit Financing - CMBS and Non-Resource Carve-Outs in Securitized Loans", American Conference Institute's conference on Alternative Financing in Commercial Real Estate, Las Vegas, Nevada, March 26, 2007 - March 27, 2007
- Pro Bono Activities:
- Estate Planning, Barristers AIDS Legal Services Project, 2005 - Present
- Published Works:
- "Options, Rights of First Refusal, Rights of First Negotiation and Rights of First Offer: A Guide Through the Maze" (Co-Author), Corporate Real Estate and the Law, Summer 1999
- "Elective Procedure: Tenants and Buyers Benefit from an Understanding of Basic Future Rights" (Co-Author), California Real Estate Journal, Vol. 9, No. 9, September 1999
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