Benjamin F.S. Herd

Real Estate Finance

• Represented NYC landlord in a $74 million CMBS refinancing of office building in New York
• Represented a publicly traded real estate investment trust (REIT) in the $165 million CMBS financing of 90-property retail portfolio
• Represented a publicly traded REIT in the simultaneous defeasance of $169 million in CMBS loans secured by 58 properties located in 19 U.S. states
• Represented a special servicer in the negotiation and closing of a $261 million CMBS securitization
• Represented a commercial real estate investment firm in its refinancing of an historic Texas shopping center involving preferred equity and $17.3 million in senior and mezzanine CMBS debt
• Represented a commercial real estate investment firm in its acquisition of a shopping center, including preferred equity and a $41.75 million CMBS loan
• Represented a mortgage loan originator in its securitization of collateralized loan obligations with face value of $260 million
• Represented a securitized business trust (REMIC) (through its special servicer) in a commercial real estate loan workout involving a $82.5 million loan secured by a skyscraper in downtown Phoenix
• Represented a mortgage loan originator in its securitization of collateralized loan obligations with face value of $125 million
• Represented a securitized business trust, a real estate mortgage investment conduit (REMIC) through its special servicer in a commercial real estate loan workout involving a $44.5 million loan secured by a skyscraper in downtown Cincinnati

Commercial Real Estate Development and Transactions

• Represented national developer in the purchase of a trophy mixed-use development in Newport, Kentucky
• Represented a national developer in the development, multi-tranche financing and ultimate sale of a trophy mixed-use development in Alpharetta, Georgia
• Represented an international hospitality chain in defeasance of 80 properties to reverse sale-leaseback transactions in conjunction with the disposition of a 700-property hotel portfolio
• Represented a national developer in the development of a $114 million mixed-use/student housing development in Florida and the negotiation of a $46.7 million construction loan
• Represented a national Class A multifamily developer in the acquisition and development of a 395-unit apartment complex in Texas and the negotiation of a $30 million senior construction loan and a $10 million mezzanine loan
• Represented a commercial real estate investment firm in its acquisition of an iconic Northern California shopping venue, including preferred equity and a $67.2 million CMBS loan
• Represented a national Class A multifamily developer in the acquisition and development of a 348-unit apartment complex in Texas and the negotiation of a $26.5 million construction loan

Corporate Transactions

• Represented ownership of a minor league baseball club in the sale of the team, including attendance-based incentive payments and coordination and approval of Major League Baseball

• American College of Mortgage Attorneys (ACMA), Fellow
• State Bar of Texas
• Texas State Bar College
• Dallas Bar Association, Real Property Section, Chair, 2016; Vice Chair, 2015; Secretary, 2014; Treasurer, 2013
• Mortgage Bankers Association
• West Dallas Community School, Board Member
• Park Cities Quail Coalition

• The Best Lawyers in America, Woodward/White, Inc., Dallas/Fort Worth Securitization and Structured Finance Law Lawyer of the Year, 2023
• The Best Lawyers in America, Woodward/White, Inc., Securitization and Structured Finance Law, 2019-2026
• Chambers USA, Chambers and Partners, Real Estate, 2019
• Irish Legal 100, Irish Voice, 2016-2025
• Texas Super Lawyers, Thomson Reuters, Real Estate, 2013-2022
• Best Lawyers in Dallas, D Magazine, D Magazine Partners, Real Estate, 2015
• The Legal 500 U.S., Legalese Ltd., Recognized Attorney, Real Estate and Construction: Construction; Real Estate and Construction: Real Estate, 2015, 2020

• “Equity Pledges in the Mortgage Lending Context,” presenter, William W. Gibson, Jr. Mortgage Lending Institute, September 12, 2025.
• "CMBS Loan Defeasance Transactions: Borrower and Lender Strategies, Process, Timing, Benefits and Risks," presenter, Strafford Webinar, June 11, 2024.
• "Cash Management in the Real Estate Lending Context: Hand Over the Money and No One Gets Hurt," presenter, Strafford Webinar, June 11, 2024.
• "Equity Participations," presenter, Trigild Spring Conference, April 2017.
• "Intercreditor Agreements," panel moderator, Commercial Real Estate Finance Council (CREFC) High Yield & Distressed Realty Assets, March 13, 2014.
• "Lending Deals Gone Bad," panel moderator, Commercial Lending Institute, February 12, 2014.
• "Lessons Learned through the Crash and Rebound," panel moderator, Commercial Lending Institute, February 12, 2014.
• "Lender and Borrower Pointers; A Practitioner's Approach to Negotiating CMBS Loan Transactions for Both Lenders and Borrowers; What is Negotiable, Non-Negotiable, and Why," panel moderator, Commercial Lending Institute, February 12, 2014.