Mark Zafrin
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PRACTICE FOCUS
Mark Zafrin, a firm principal, is a senior attorney in the firm's Corporate Department. Mark is one of the leading Healthcare real estate, finance and M&A lawyers in New York. In addition to mergers and acquisitions, his practice has focused on complex joint ventures, restructurings and corporate governance matters, primarily in the Healthcare space. He has over 35 years of experience negotiating and drafting sales and purchase agreements, loan preparations, equity securitization transactions (such as REITs), equity funds and partnership syndications of healthcare facilities. Mark is known for adroitly structuring transactions to maximize the benefits accruing to tax planning and financing promoters using an in-depth knowledge of 1031 Exchanges, Delaware Statutory Trusts and Series LLCs.
Mark is well known for counseling boards and senior management of Health Care Companies on critical governance issues, including risk management, restructurings, tax credit financing, use of Opportunity Zones and healthcare licensing applications, and other Federal and State regulatory matters, such as anti-kickback rules, Medicare and Medicaid audits. Mark specializes in loan workouts and forbearance and has successfully prevented many defaults and foreclosures on behalf of his clients.
Mark utilizes his in-depth knowledge of mortgage and asset-based financing vehicles, such as HUD and FHA-insured mortgages, and conventional, mezzanine and private equity financing, on behalf of his clients.
Mark received his J.D., cum laude, from New York Law School, where he was a staff member of the Law Review.
REPRESENTATIVE MATTERS
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Leveraged a buyout of a 499-Bed Nursing Home in Manhattan (Dewitt Rehab) for $108M., including a $9M. Bridge to HUD from Key Bank.
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Subsequent HUD refinancing of Dewitt Rehab, the most significant single asset financing since the inception of the HUD 232 program at $127M.
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Refinance of Workmen's Circle MultiCare using a Delaware Statutory Business Trust, one of the most significant HUD loans ever on a single building in the agency's history, totaling $104M and still the first and only time that HUD has allowed a Delaware Statutory Trust to be a borrower.
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Obtained the approval for the first new construction of a Skilled Nursing Home in New York State, the $75M Epic Rehabilitation and Nursing at White Plains.
PUBLICATIONS
- "Structuring the Offering of Physician Interests in a Multi-Specialty Ambulatory Surgery Center to Comply with the Anti-Kickback Law," Author, Journal of Health and Life Sciences Law, Oct. 2011
- "Preparing Offering of Interests in Ambulatory Surgery Centers to Physician-Investors," Author, Physician News, Jun. 2011
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