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Beth Mitchell, Nutter McClennen & Fish LLP Photo

Beth H. Mitchell

Co-Chair, Commercial and Real Estate Finance Practice Group / Boston

Overview

Beth H. Mitchell is a partner in Nutter’s Real Estate Department and co-chair of the Commercial and Real Estate Finance practice group. She has extensive experience in commercial real estate transactions locally, regionally and nationally, and through economic booms and recessions.

Financial institutions, investors, developers and other public and private entities rely on Beth to handle their financings, acquisitions, dispositions, leases, joint ventures, foreclosures and troubled debt restructurings. Beth’s practice encompasses, among other things, downtown office buildings, suburban office parks, mixed-use developments, hotels, health care institutions, retail complexes, industrial properties and not-for-profit uses.

Beth’s representative transactions include:

Financings

  • Representation of an insurance company on multiple large portfolio loans, totaling $550 million and secured by industrial properties located throughout the United States, including the sale of a portion of the debt to a third party investor.
  • Representation of a consortium of banks and insurance companies on approximately $345 million of construction/permanent financings for mixed-use residential and retail projects within commercial condominiums in the Fenway neighborhood of Boston, Massachusetts.
  • Representation of various insurance companies on financings of offices, laboratories, apartment buildings and hotels on long-term ground leases in Cambridge, Massachusetts.
  • Representation of an insurance company on approximately $135 million of mortgage loan financings secured by multi-family and office properties in Chicago, Illinois.
  • Representation of an insurance company on the mortgage loan financing of a resort in Sedona, Arizona, and the subsequent loan assumption and modification in connection with the borrower’s sale of the resort.
  • Representation of a real estate investment company on mezzanine loans secured by ownership interests in properties located in Georgia and North Carolina.
  • Representation of a real estate developer on the construction loan financing of a hotel within an overall $230 million mixed-use development structured as multiple ground lease parcels in Boston, Massachusetts.
  • Representation of a real estate developer on an approximately $150 million construction loan for the development of a market-rate and affordable housing condominium project in Boston, Massachusetts.
  • Representation of a real estate developer on an approximately $140 million construction loan for a life science project in Somerville, Massachusetts.
  • Representation of a real estate developer on a $28 million construction loan and $7 million mezzanine loan in connection with the development of a student housing project in Berkeley, California.
  • Representation of a non-profit institution on the joint venture, ground lease and financing of an affordable housing development with a preference for veterans in Boston, Massachusetts.

Acquisitions and Dispositions

  • Representation of non-profit institutions in the sale of various ground lease parcels in Boston, Massachusetts, including for the development of affordable housing projects.
  • Representation of the seller of the iconic Apple Store on Boylston Street in Boston, Massachusetts.
  • Representation of a global hospitality and food service company in the acquisition of a resort hotel on Cape Cod, Massachusetts.
  • Representation of a real estate company in the acquisition of multi-family properties in Peabody, Shrewsbury and Southborough, Massachusetts.
  • Representation of a family-owned business on the sale of multiple commercial buildings in Somerville, Massachusetts.

Leases

  • Representation of landlords in commercial lease transactions, including ground leases, for various properties in Massachusetts.
  • Representation of a global company, as Massachusetts local counsel, on the leasing and permitting of a food and entertainment venue in Boston, Massachusetts.
  • Representation of several banks, as tenants, in leasing bank branches and offices in Massachusetts, Florida and California.

Joint Ventures

  • Representation of a borrower/developer in a joint venture with an institutional investor and the construction/permanent financing regarding the development of the former Spags site in Shrewsbury, Massachusetts.
  • Representation of a borrower/developer in a joint venture with a preferred equity investor and the construction loan financing for a residential condominium project along the Rose Kennedy Greenway in Boston, Massachusetts.
  • Representation of a real estate investor/developer on joint venture agreements and real estate investments in commercial development projects (including hotels) in Massachusetts and New Hampshire.
  • Representation of a real estate investment company on joint venture agreements and investments in projects (including student housing) in California, Montana and North Carolina.

Troubled Debt Restructurings

  • Representation of lenders and special servicers in various troubled debt restructurings and foreclosures involving commercial real estate properties throughout the United States.
  • Representation of one lender in a consortium of senior lenders in connection with a defaulted loan secured by a senior housing project, subject also to a defaulted mezzanine loan, resulting in the eventual sale of the loan to a third party.

Other Matters

  • Representation of a real estate developer in the creation of a reciprocal easement agreement among various ground lease parcels for the development of a mixed-use residential, garage and hotel development in the Seaport district of Boston, Massachusetts.
  • Representation of a redevelopment authority in the acquisition of a former military base from the United States Navy pursuant to the Base Redevelopment and Closure (BRAC) process, the creation of a new form-based zoning by-law for the former base, the negotiation of a disposition and development agreement with a private developer, the transfer of portions of the former base to the developer and the issuance of various permits and approvals for the redevelopment of portions of the former base.

Beth is a past President of the American College of Mortgage Attorneys (ACMA) and a former member of the Board of Governors of the American College of Real Estate Lawyers (ACREL), as well as the past Chair of ACREL’s Programs Committee. Beth is also a past President of the Real Estate Finance Association (REFA), a division of the Greater Boston Real Estate Board.

Beth is a member of the Boston Bar Association, a former member of the Real Estate and Environmental Law Curriculum Advisory Committee of Massachusetts Continuing Legal Education, Inc. (MCLE), the past Clerk of the Real Estate Bar Association, where she previously served as co-chair of its Commercial Real Estate Finance Committee, and a member of The Abstract Club. Beth is a contributing author to Crocker’s Notes on Common Forms, published by MCLE, and the Massachusetts Conveyancers’ Handbook with Forms. She also frequently writes and lectures on real estate topics.

Experience

Experience

  • Grossman Development Group

    Nutter's client, Grossman Development Group, along with its investment partner and lender, successfully completed the acquisition of the former Spags site along Route 9 in Shrewsbury, MA. The development team has commenced construction of a new mixed use project at the site, known as Lakeway Commons.

  • Phoenix Property Company/Lincoln Property Company

    Nutter represented Lincoln Property Company and Phoenix Property Company in a joint venture with an institutional capital partner in connection with the acquisition of development rights and the permitting and transactional aspects relating to this multi-party mixed-used development. 

    New construction mixed-use development project totaling 499,500 square feet. The project includes a 12-story multi-family apartment building containing approximately 300,000 square feet and 304 first-class rental apartment residences, including 22 on-site affordable units and additional off-site contributions to Boston’s affordable housing stock. Resident amenities include a rooftop pool, Skydeck, gym and wellness studio. The apartment building also contains 22,816 square feet of space that can be used for retail, restaurant and/or office space. The adjacent Hotel Component, located a shared podium, was developed into a 12-story Hyatt Place hotel with 294 rooms. There is a one-level underground parking garage beneath the apartment building and garage that can accommodate up to 450 cars. The mixed-use development is situated on Massport’s “Parcel K” and was constructed pursuant to 3 separate 99-year ground leases entered with Massport.

  • The Boulevard

    Nutter advised the owner and developer of a downtown Boston property in the financing of a new 12-story residential and commercial condominium project, known as The Boulevard, in the negotiation of senior mortgage financing as well as a preferred equity investment by a national investment management firm. The project is designed to contain 31 market-rate units, five artists’ units, a retail unit, and a garage, and includes elements of a historic Bulfinch building.

  • Delaware North

    Nutter represented Delaware North, one of the largest privately-held global hospitality and food service companies in the world, when it expanded its portfolio of resorts into Massachusetts by acquiring the Sea Crest Beach Hotel on Cape Cod in July, 2016.

  • Connecticut General Life Insurance Company

    Nutter represented Connecticut General Life Insurance Company, as lender, in connection with a $24 million acquisition loan secured by two connected 7-story office buildings in Chicago, Illinois.

  • Joint venture managed by Leggat McCall Properties and DLJ Real Estate Capital Partners

    Nutter served as legal advisor to a joint venture managed by Leggat McCall Properties and DLJ Real Estate Capital Partners in connection with its $140 million financing of 101 South Street, a state-of-the-art office and lab development in Somerville’s Boynton Yards.

  • The Gove Company, Inc.

    Nutter represented The Gove Company, Inc. in its sale of a parking lot on Newbury Street in Boston to L3 Capital, a Chicago-based investment firm. The total value of the transaction was $40 million.

  • Brighton Marine

    Nutter advised Brighton Marine on all aspects of the development of The Residences at Brighton Marine, a $46 million project that created 102 units of affordable housing in Boston with a preference for veterans. Nutter provided counsel on all aspects of the project, including the original strategic planning, the permitting, the formation of the joint venture with WinnCompanies, the ground lease to the joint venture, and the financing.

  • Corigin Real Estate Group

    Nutter represented Corigin Real Estate Group, a NY-based real estate investment firm, in connection with a joint venture with Panoramic Interests and the financing of the development of a student housing project in Berkeley, CA.

  • Eastern Bankshares, Inc.

    Nutter served as legal counsel to Eastern Bankshares, Inc. (Nasdaq Global Select Market: EBC), the stock holding company for Eastern Bank, in connection with its acquisition of Century Bancorp, Inc. (Nasdaq: CNBKA), the stock holding company for Century Bank and Trust Company, in a transaction valued at approximately $642 million.

News & Insights

News

Publications

Honors

Honors

  • Chambers USA, Leading U.S. Real Estate Attorney, 2004-2024
  • The Best Lawyers in America, 2006-2025
  • Lawdragon 500 Leading Global Real Estate Lawyers, 2024
  • Connect CRE, 2023 Lawyers in Real Estate Award
  • Massachusetts Lawyers Weekly, “2021 Top Women of Law”
  • BTI Client Service All-Star, 2022
  • Who's Who Legal: Real Estate, 2011-2024
  • Massachusetts Super Lawyers, 2004-2024; Super Lawyers Business Edition, 2011-2013; Super Lawyers, Corporate Counsel Edition, 2009 & 2010

Education & Admissions

Education

Northwestern University School of Law, J.D., cum laude, Order of the Coif
Yale University, B.A., cum laude

Admissions

  • U.S. District Court for the District of Massachusetts
  • Massachusetts

Industry Expertise

Beth is a past President of the American College of Mortgage Attorneys (ACMA) and a former member of the Board of Governors of the American College of Real Estate Lawyers (ACREL).

Noteworthy

  • Chambers USA, Leading U.S. Real Estate Attorney, 2004-2024
  • The Best Lawyers in America, 2006-2025
  • Lawdragon 500 Leading Global Real Estate Lawyers, 2024
  • Connect CRE, 2023 Lawyers in Real Estate Award
  • Massachusetts Lawyers Weekly, “2021 Top Women of Law”
  • BTI Client Service All-Star, 2022
  • Who's Who Legal: Real Estate, 2011-2024
  • Massachusetts Super Lawyers, 2004-2024
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