Kristin W. Boose

Partner

An experienced real estate attorney, Kristin focuses her practice on representing lenders, borrowers, and developers in all aspects of real estate financing. By taking a holistic view of her clients’ businesses, Kristin carefully analyzes the strengths, weaknesses, and threats of real estate transactions to help her clients achieve their goals. Kristin’s real estate financing experience includes a wide range of industries, including office, industrial, multifamily, retail, and long-term care facilities. She has experience with a broad range of financing products, including traditional mortgage lending, construction loans, HUD-insured loans, Freddie Mac/Fannie Mae, bridge loans, bond financing, and CMBS loans. Kristin is also skilled in representing developers in real estate development transactions utilizing New Markets Tax Credits, Low Income Tax Credits, and/or Historic Tax Credits.

In addition to real estate financing matters, Kristin is experienced in commercial lending matters, including mezzanine financing, asset-based lending credit facilities, accounts receivable loans, and cash flow credit facilities. She also counsels clients on general real estate matters, commercial real estate acquisitions and sales, title and survey matters, organizational issues, local counsel representation, and the drafting and issuance of Ohio law legal opinions for financing and tax credit transactions. Recognized for her talent and skill, Kristin has been named to The Best Lawyers in America© for Real Estate Law.

Education & Admissions

Education

  • Baldwin-Wallace University

    (B.A., magna cum laude, 1997)

  • Case Western Reserve University Weatherhead School of Management

    (M.B.A., 2001)

  • Case Western Reserve University School of Law

    (J.D., 2001)

Admissions

  • State of Ohio

Experience

REPRESENTATIVE EXPERIENCE

  • Representation of a low income housing developer in the substantial rehabilitation of two low income apartment properties with combined sources of funds totaling approximately $68 million and utilizing short term tax exempt housing bonds cash collateralized with HUD 221(d)(4) loans, along with 4% LIHTC, a LIHTC bridge loan, and a Ginnie Mae MBS.
  • Representation of a nursing home operator and real estate owner in the simultaneous closing of a three-property site utilizing HUD 232 financing, accounts receivable financing, and mezzanine financing.
  • Representation of a developer in a $30 million historic rehabilitation of a former industrial site to multifamily housing utilizing federal and state historic tax credits, port authority financing, construction financing and bridge financing.
  • Representation of educational institution in the $56 million historic renovation for the adaptive reuse of campus building utilizing federal and state historic tax credits and publicly issued higher education facilities taxable revenue notes.
  • Representation of a client in the acquisition of two separate office buildings, each utilizing CMBS acquisition financing totaling $52.5 million in the aggregate.
  • Representation of a developer in a $22 million historic rehabilitation of a former industrial site to multifamily housing utilizing federal and state historic tax credits, a HUD 221(d) loan, bridge loan, and subordinate government debt.
  • Regularly serve as local counsel for real estate and financing transactions involving Ohio borrowers, guarantors and/or real estate, including drafting of Ohio legal opinions in favor of lenders and/or tax credit equity investors.
  • Represented a private equity fund in obtaining more than $36 million of taxable mortgage revenue bonds. This purchase was part of more than $101 million of conduit financing funded through bonds issued by the Cleveland-Cuyahoga County Port Authority to fund new construction in Westlake, Ohio.
  • Representation of lenders in the negotiation, drafting, and modification of loan facilities for a wide variety of commercial loans, asset-based loans, and mortgage loans.
  • Representation of lenders in commercial, asset-based, and real estate loan workouts and restructurings, including negotiation and documentation of forbearance and loan restructuring agreements, loan sale agreements, and deed-in-lieu of foreclosure arrangements.
  • Representation of skilled nursing and assisted living facility owners and operators in negotiation and completion of acquisition financing for long-term care facilities.
  • Representation of buyers and sellers in the acquisition and sale of commercial real estate properties, including office, industrial, and apartment complexes.
  • Knowledgeable in Fannie Mae Guidelines and requirements for multifamily property lending, including representation of Fannie Mae DUS lenders in the documentation and closing of Fannie Mae multifamily loans.
  • Experience in the HUD “transfer of physical assets” or TPA process.
  • Experienced in New Market Tax Credit and Historic Tax Credit “unwind” transactions after completion of the relevant compliance period.

Publications & Presentations

Client Alerts

Presentations

  • “Navigating Borrowers Through the Looking-glass of CMBS Financing,” Cleveland Metropolitan Bar Association, Real Estate Law Institute (November 2017)
  • “Sale and Purchase of Commercial Real Estate,” Ohio State Bar Association (April 2014; April 2013)
  • “Disturbing Thoughts about Non-Disturbance Agreements,” Cleveland Metropolitan Bar Association, Real Estate Law Institute (November 2008)
  • “Subprime Lending Guidance: The Statement on Subprime Mortgage Lending,” Ulmer & Berne Financial Law Resource (Fall 2007 Issue)
  • “Reforging the Boilerplate: A Case Law Review of Standard Real Estate Contracts,” Association of Corporate Counsel, Central Ohio Chapter (May 2007)
  • “Revised Article 9,” Purchasing Management Association of Cleveland (February 2003)

Involvement

PROFESSIONAL AFFILIATIONS

  • American Bar Association
  • Ohio State Bar Association
  • Cleveland Metropolitan Bar Association (Real Estate Law Institute Planning Committee, 2019 Chairperson; Member, 2017-present)
  • Commercial Real Estate Women

COMMUNITY INVOLVEMENT

  • Cleveland Bridge Builders (Class of 2007)

Honors

HONORS

  • Named to The Best Lawyers in America, Real Estate Law (2018-2020)
  • Named to the Ohio Super Lawyers Rising Stars list (2006; 2007; 2010; 2013)