David R. Augustin concentrates his practice in the area of real estate law, with particular emphasis on financings and workouts, commercial acquisitions, sales and leasing, retail projects, hotels, including management and franchise agreements, tax-deferred exchanges, and real estate development.

Mr. Augustin has represented buyers and sellers of complex commercial projects, including acquisitions and dispositions of portfolios of properties and of equity interest in the owners of projects. Additionally, he works with lenders in documenting real estate loans and has closed numerous multistate transactions. He has also assisted lenders in restructuring troubled real estate loans. Mr. Augustin has worked on purchases and sales of hotels and resorts, loans involving hotels (both as lender's and borrower's counsel), and hotel management and franchise agreements on behalf of owners.

Admitted to practice in Pennsylvania and New Jersey, he is a member of the Real Property, Probate and Trust Law Section of the American Bar Association and the Real Property Section of the Philadelphia Bar Association. He is a former member of the Legislative Action Committee of the Delaware Valley Chapter of the Community Associations Institute.

Mr. Augustin is a frequent speaker at seminars on a variety of topics and has also written a number of articles. He is a 1988 graduate of Villanova University School of Law and a graduate of Princeton University.

Representative Matters

Represented a private real estate company in the purchase and financing of a portfolio of 20+ office/warehouse/flex buildings in Fulton County, Georgia.
Represented a national bank in the financing to a suburban New Jersey hospital for the hospital's acquisition and construction of a new hospital campus. The project financing involved two lenders which required an intercreditor agreement to address disbursements, payments and lien priority issues between the lenders.
Represented the purchaser in the acquisition and financing of an $80,000,000, 18-story office building.
Represented the seller in a $300 million portfolio sale of its properties, consisting of twenty-three properties and the ownership interests in two other entities.
Represented the lender in restructuring a $167,000,000 loan involving mortgages on forty-three nursing homes in twelve states.
Represented the lender in the foreclosure of a resort hotel and time-share development in St. John, U.S. Virgin Islands and in the lender's subsequent disposition of the properties to a world-wide hotel operator.
Represented the borrowers in a $60,000,000 refinancing on two office buildings which included both a permanent mortgage loan and mezzanine loan.
Represented the purchaser of equity interests in a $82 million project in Alexandria, Virginia.
Representing the developer of a wind energy project, which when completed was one of the largest wind energy projects east of the Mississippi River.

Professional Activities

Philadelphia Bar Association
- Real Property Section
American Bar Association
- Real Property, Probate and Trust Law Section

Admissions

New Jersey
Pennsylvania
Supreme Court of Pennsylvania
Supreme Court of New Jersey
U.S. District Court for the Eastern District of Pennsylvania
U.S. District Court for the District of New Jersey

Education

Villanova University School of Law, J.D., 1988

Experience

Wolf, Block, Schorr & Solis-Cohen, Philadelphia, PA
- Associate, 1988-1990
Duane Morris LLP
- Partner, 1998-present
- Associate, 1990-1997

Selected Publications

Author, "Seventh Circuit Upholds Yield Maintenance Prepayment Premium," Shopping Center Legal Update, Vol. 27, Issue 3, Fall/Winter 2007
Co-Author, "Tenants Rights of First Refusal Might Not Be As Simplistic As They Appear," Commercial Real Estate Quarterly, a supplement to The Legal Intelligencer, April 2000
Co-Author, "Lenders: Beware the Hidden Liability of Loans," Commercial Real Estate Quarterly, a supplement to The Legal Intelligencer, March 2000
Author, "IRS Announces Safe Harbors for 'Reverse' Section 1031 Exchanges"
Co-author, "Landlords Advised Against Self-Help to Recover Possession," The Legal Intelligencer, March 26, 1990

Selected Speaking Engagements

"Title Insurance: The Basics and Beyond," Commercial Lending Requirements and Loan Documentation in Pennsylvania, seminar presented by Lorman Education Services, Philadelphia, Pennsylvania, October 23, 2003
"Lender Issues in Office and Retail Leasing" and "Tenant Defaults and Landlord Remedies," National Business Institute seminar titled The Essentials of Office and Retail Leases in Pennsylvania, Philadelphia, Pennsylvania, April 4, 2001, King of Prussia, Pennsylvania, April 5, 2000, Philadelphia, Pennsylvania, April 6, 1999
"Perfection of Security Interests in Non-Real Property Collateral in a Real Estate Loan Transaction," CLE International's Advanced Real Estate Finance Conference, Philadelphia, Pennsylvania, June 20-21, 1996, June 12-13, 1997, June 11-12, 1998 and October 12-13, 2000
"The Fundamentals of Real Estate Law in Pennsylvania," seminar presented by Lorman Education Services, Philadelphia, Pennsylvania, January 21, 2004