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Timothy A. Smith

Timothy A. Smith

Counsel| Phoenix


Timothy Smith has represented various clients with respect to all phases of commercial transactions including acquisitions, finance, construction lending and development. Early in his career, Tim was in-house counsel for one of the top 10 largest insurance companies in the world. In that capacity, he was exposed to and had responsibility for large, complex and sophisticated real estate financing transactions, workouts, foreclosures and mortgage loan servicing matters. That experience provided a solid platform for growth and development for his move into private practice. Tim has had primary involvement and responsibility for all facets of complex commercial real estate and real estate finance transactions including due diligence, title and survey review, document drafting and negotiation, and loan document structuring and negotiation. 

Assisting foster children in the Phoenix community is very important to Tim and he currently serves on the board of Free Arts for Abused Children of Arizona.

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  • Structured $75 million multi-property, sale-leaseback facility including funding of the construction of improvements
  • Represented national retail company with respect to repositioning of real estate portfolio
  • Provided real estate support for significant corporate asset purchase and sale transactions
  • Represented various REIT clients with respect to acquisition of commercial real estate including multiple site transactions
  • Analyzed organization agreement and advised client in a $200 million dispute with respect to the development of a residential subdivision and the exercising of  a buy-out provision
  • Provided advice and prepared form documents for use in the origination of a series of borrowing-base loan transactions secured by pledged auto loan promissory notes
  • Represented various clients with respect to acquisitions and sales of commercial real estate
  • Negotiated, on behalf of an opportunity fund, the acquisition of 113 subdivided residential lots including a rolling option for the subsequent sale of the lots to a residential developer
  • Assisted foreign-based REIT with the purchase of high-profile resort hotels in the United States
  • Represented a national bank with respect to its participation in a New Markets Tax Credit fund
  • Counseled clients with respect to commercial retail, office and restaurant leasing transactions
  • Drake University School of Law (J.D., 1992)
  • University of Iowa (B.S., 1988)
  • Free Arts for Abused Children, Board Member (2016-present)
  • DLA Piper, Of Counsel (2014-2018)
  • Snell & Wilmer, Counsel (2011-2014)
  • Lytle Cartwright & Smith, PLC, Partner (2007-2011)
  • First National Bank of Arizona, Senior Vice President and Corporate Counsel (2004-2007)
  • Kutak Rock, LLP, Partner (1996-2004)
  • AEGON USA Realty Advisors, Inc.(1994-1997)
  • Arizona
  • Supreme Court of Arizona