Tim serves as the chair of Moss & Barnett’s Multifamily and Commercial Real Estate Finance practice group as well as the chair of the firm’s board of directors. He primarily represents lenders who originate and sell multifamily mortgage loans to Freddie Mac and Fannie Mae, many of which are then pooled and sold into securitization trusts. Tim also represents portfolio lenders – including life insurance companies, bridge lenders, and banks – who finance office, industrial, hospitality, retail, and multifamily projects.
Additionally, Tim works with buyers and sellers in all phases of the purchase and sale of residential and commercial real estate, and also represents landlords and tenants in negotiating and drafting commercial leases. In all aspects of his practice, he examines and resolves title issues affecting real estate.
Through Tim’s leadership, Moss & Barnett has become one of the leading law firms nationwide in representing Freddie Mac and Fannie Mae lenders. The firm has closed thousands of these loans in every product line, including:
- Portfolio and capital markets executions
- Credit facilities and other structured transactions
- Tax-exempt bond and other targeted affordable housing programs
- Seniors housing
- Manufactured housing
- Small-balance loans
These transactions span the spectrum of deal structures, including joint ventures, tenancies-in-common, ground leases, master leases, condominiums, phased developments, preferred equity, and investment funds. Tim maintains a database of analysis and documentation and has developed efficiencies to close a large volume of transactions.
With many loans now being pooled and securitized, Tim focuses on structuring single-purpose entities and examining the many legal issues necessary for compliance with Standard & Poor’s U.S. Commercial Mortgage-Backed Securities (CMBS) Legal and Structured Finance Criteria. He has published two articles on the topic, Freddie Mac Revives CMBS Market: Capital Markets Execution (CME) Revisited (June 2011) and The Return of Securitized Lending: Freddie Mac Launches CMBS Loan Product (September 2009).
Tim has been selected to serve on the Freddie Mac Multifamily Legal Advisory Council. In that role, he works with Freddie Mac’s legal division to update and improve legal documentation and loan requirements to address legal and industry developments. He plays a similar role as part of Fannie Mae’s Legal Issues Forum.
Commercial Real Estate Finance
Tim has considerable experience representing life insurance companies, bridge lenders, and banks in transactions involving office, industrial, hospitality, retail, and multifamily projects.
These transactions include construction, mini-perm, and permanent loans, as well as tax-exempt bond financing. He routinely works on complex portfolio transactions where the collateral consists of many properties located in multiple jurisdictions.
Tim also represents borrowers, providing insights from both sides of the table into negotiating loan documents, managing expectations, and addressing closing requirements.
Acquisitions, Sales, and Leasing
Tim’s counsel in this area includes negotiation and preparation of letters of intent, purchase agreements, leases, and closing documents, as well as examination of title and other legal due diligence. He regularly addresses matters involving use restrictions, easements, development agreements, and unique subdivisions and plats.
- Represented lender on the closing of an $878 million loan secured by a multifamily project in California, the largest single property loan ever purchased by Freddie Mac.
- Represented life insurance company lender on the closing of a portfolio loan transaction involving industrial projects located in multiple jurisdictions.
- Represented national real estate investor, serving as local counsel on Minnesota transactions, which included review of documents for local law issues and the issuance of related opinions.
William Mitchell College of Law, J.D.; cum laude; executive editor and staff member, William Mitchell Law Review
Hamline University, B.A., magna cum laude
Honors & Recognitions
Minnesota Rising Stars (2000-2006, 2008, 2009, 2011)
News & Insights
- Midwest Real Estate News, 09.19.2019
- Kevin Busch and Tim Gustin Elected to Moss & Barnett Board of Directors and David Johnson and Jim Vedder Appointed As Adjunct Directors03.10.2014
- Multi-family Finance - Current Pricing to Calabria and the FHFA, Along with Legal Issues to Consider Prior to FinancingACC Online Education, 08.15.2019
- Getting Your Freddie Mac Deal Under Application: Key Legal PointsClient Webinar, 2018
- CBRE Multifamily Conference, JW Marriott Chicago 151 West Adams Street Chicago, IL 60603, 04.26.2018
- Freddie Mac Small Balance Loans: The Legal SideClient Training, Newport Beach, CA, 2017
- Closing Freddie Mac Small Balance Loans: The Legal ProcessClient Webinar Training, 2016
- Title and Survey Review and ObjectivesClient Conference, Chicago, IL, 2014
- Multifamily Financing with Tax-exempt BondsClient Training, Minneapolis, MN, 2009
- Closing Your Freddie Mac Deal with EaseClient Conference, New Orleans, LA, 2002
- June 2011, 06.01.2011
- September 2009, 09.01.2009
- Mortgage Bankers Association
- American Bar Association
- Minnesota State Bar Association
- Hennepin County Bar Association – Real Property Section