Kenneth J. Clarkson

Ken focuses his practice on complex real estate transactions, secured financing, and the organization and operation of closely-held businesses. He has extensive experience developing senior living communities, including independent, assisted living, and memory care projects. He regularly works with health care REITs in structuring joint ventures and in the acquisition and sale of senior facilities.

Ken’s experience in real estate financing includes negotiating institutional and non-institutional joint ventures, mezzanine financing, CMBS (conduit) loans, and traditional construction and permanent financing. He also works in the area of government-assisted financing loan transactions, including HUD-insured (223(f), 221(d)(4), 223(a)(7), & 232) loan products and Fannie Mae and Freddie Mac loans. He has also worked in the area of affordable housing and is familiar with the Low-Income Housing Tax Credit (LIHTC) and other state finance agency structures, as well.

Ken represents both sellers and purchasers on developed and raw land projects; negotiates purchase agreements for properties to be held for development and syndication; and works with developers in establishing residential and business condominium and co-operative associations.

Publications

• “The Enforceability of Anti-assignment Provisions in LLC Operating Agreements,” Michigan Business Law Journal, Vol XXIV Issue 1 (2004).

Speeches

• “Commercial Lending in Michigan,” National Business Institute (2005).
• “Structuring Commercial Loans in Michigan,” National Business Institute (2004).
• “Commercial Leasing,” Detroit Bar Association (1988).
• “Survey and Boundary Law,” National Business Institute (1986).