A partner in the Firm's Finance, Bankruptcy & Restructuring group, Paul M. Fogleman represents banks, private lenders and borrowers in a variety of finance transactions, including real estate secured facilities, middle market corporate and institutional lending, asset based lending and non-traditional collateral financings. In addition, Paul regularly represents lenders in participations and syndications as well as mezzanine and preferred equity transactions, including the drafting and negotiating of subordination and intercreditor agreements. He also handles modifications, workouts and restructurings of the foregoing.
Paul has extensive experience representing owners and developers in many aspects of real estate transactions, including financings, acquisitions and sales, developments, leases, title review, and due diligence analysis. He frequently serves as North Carolina counsel in the issuance of local counsel real estate and enforceability opinions.
Within the community, Paul is active on several boards including Hope of North Carolina, Inc. and North Ridge Country Club, Inc. He also regularly handles residential closings and general corporate matters on a pro bono basis for Habitat for Humanity of Wake County.
Representative Experience
Any result the lawyer or law firm may have achieved on behalf of clients in other matters does not necessarily indicate similar results can be obtained for other clients.
- Financial Services
- Representation of lenders in commercial loan transactions involving term and revolving facilities, real estate and asset-based collateral, construction financing, senior housing, healthcare, low-income housing tax credit transactions, acquisition and development, builder finance, condominiums, hotels, grocery-store anchored shopping centers and many others
- Representation of lenders in real estate secured facilities for the following:
- Hotels with related negotiation of comfort letters with international hotel chains
- Sudent housing apartment complexes
- Multi-tenant medical office buildings
- Continuing care retirement communities and other senior housing developments
- Rehabilitation and behavioral health facilities
- Multi-unit apartment complexes, including those qualifying for low-income housing tax credits
- Mixed-use developments and associated parking decks
- Single family lot and/or townhome developments and other builder finance matters
- Condominiums, including use of air rights
- Grocery store anchored shopping centers, including those in master planned developments
- Multi-site franchised locations under guidance lines and construction facilities, including ground leases
- Representation of lenders in corporate and institutional financings for the following:
- Operating lines of credit (all assets and asset-based)
- Term loans
- Acquisitions
- Insurance Premium Finance
- Non-real estate collateral, including media rights, ammunition, inventory, etc.
- Represent lenders in real estate aspects of tax-exempt bond transactions
- Banking
- Representation of depository and other financial institutions with the drafting and negotiation of letters of credit, control agreements, lockbox agreements and other banking products, as well as the negotiation of subordination, non-disturbance and attornment agreements and the review of trust agreements and documents
- Real Estate Development
- Representation of real estate owners in the purchase and sale of retail, office, industrial and multi-family properties including by way of 1031 transactions
- Representation of landlords and tenants in the negotiation of leases, including build-to-suit for office, retail and industrial buildings
- Representation of tenant in negotiation of lease for space in multi-story office building with accompanying building naming and signage rights
- Representation of corporate clients in the acquisition, sale, leasing and development of real property
- Representation of banks in the acquisition and leasing of real property
- Representation of clients in connection with commercial real estate development and easement matters
- Representation of landlords and tenants in other commercial leasing transactions, including ground leases
Professional & Civic Engagement
- Hope of North Carolina, Inc., Board of Directors
- Member, 2023 – Present
- North Ridge Country Club, Inc., Board of Governors
- Member, 2024 – Present
- Poe Center for Health Education, Board of Directors
- Member, 2018 – 2024
- President, 2020 – 2021
- North Carolina Bar Association
- Real Property Section, Council Member, 2022 – Present
- Wake County Bar Association
- Wake County Real Property Lawyers Association
- Capital City Clauses, Board Member, 2018 – 2021
- Habitat for Humanity of Wake County, Inc., Pro Bono Closing Attorney and Outside Counsel, 2012 - Present
- Greater Raleigh Chamber of Commerce, Leadership Raleigh Class 33
- Urban Land Institute
- YLG Regional Initiative Council, 2015
- NC Museum of History Young Associates, Steering Committee, 2011 – 2014
Honors & Awards
- Chambers USA Ranked Lawyer, Banking & Finance, North Carolina, 2022 – Present
- Recognized in The Best Lawyers in America (BL Rankings), Banking and Finance Law, Commercial Finance Law and Real Estate Law, 2024 – Present
- Recognized in North Carolina Super Lawyers – Rising Stars (Thomson Reuters), 2018 – 2023
- Selected to the Rising Stars list by North Carolina Lawyers Weekly, 2019
- AV® Preeminent, Martindale-Hubbell
- Triangle Business Journal, 40 Under 40, 2022
