Lawyers
Dianne S. Coscarelli

Dianne S. Coscarelli

  • Partner

Dianne.Coscarelli@thompsonhine.com

  • Direct 216.566.5769
  • Office 216.566.5500
  • Fax 216.566.5800
  • 3900 Key Center
  • 127 Public Square
  • Cleveland, Ohio 44114-1291

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Professional Experience

Dianne is a partner in the firm's Real Estate and Commercial & Public Finance practice groups. She is co-chair of the Real Estate Finance Team and co-chairs the firm's Distressed Real Estate Response Team. Dianne focuses her practice on all aspects of commercial real estate transactions, including construction, mezzanine and permanent financing; workouts; restructurings; letter of credit facilities; low income housing tax credit (LIHTC) projects; Fannie Mae and Freddie Mac multifamily programs; acquisitions and dispositions of real estate; opinion letters; leasing; condominiums; real estate tax exemptions; and zoning and land-use matters.



Dianne is a member of The American College of Real Estate Lawyers, the premier honorary organization for commercial real estate lawyers in the United States. National ranking publications, such as Chambers USA: America's Leading Lawyers for Business, describe Dianne as "thorough, diligent and extremely knowledgeable." She is highly experienced in the field of distressed real estate. She frequently advises financial institutions on complex and sophisticated matters. She is known for her real estate finance expertise, and described by clients as "experienced, knowledgeable and great to work with."

Dianne is admitted to practice in Ohio and Georgia.

Dianne also practices in the Atlanta office:

Two Alliance Center
2560 Lenox Road, Suite 1600
Atlanta, Georgia 30226

Education

  • University of San Francisco, J.D., 1978, magna cum laude, Law Review, Managing Editor 1977-1978
  • Ohio University, A.B., 1974, summa cum laude, Phi Beta Kappa

Representative Matters

  • Representation of national lender in numerous loan and equity mezzanine financing transactions related to acquisition and/or construction of upscale apartment buildings and mixed-use facilities in various states.
  • Representation of life insurance companies in connection with loans for office buildings and shopping centers, and dispositions of excess portfolio real estate.
  • Representation of $200 million in financings for LIHTC properties and other multifamily projects located in various states and Puerto Rico, including representation of Fannie Mae DUS lender, letter of credit issuer, construction lender and permanent lender.
  • Representation of life insurance companies in workout and recovery of mortgage loans as to urban office, retail and parking complex, ground leased hotel on university campus, and apartment complexes.
  • Representation of national lender as to $30 million mortgage in two-year workout and disposition of partially completed multi-phased high-end planned residential marina community of 1,000 homes involving interstate land installment sales, marina development, homeowners’ association and Section 363 asset sale.
  • Representation of national lender as mezzanine lender in workouts and recoveries of defaulted mezzanine debt involving multiple borrowers and defaulted senior mortgage loans with national lenders as to residential and commercial properties in multiple states.
  • Representation of national lender as preferred equity partner in two-year restructuring of multi-tiered property owner involving workout with two national GMBS servicers of two defaulted senior mortgage loans aggregating $57 million secured by three apartment complexes.
  • Representation of national lender as provider of $71 million letter of credit in restructuring of credit enhancement for taxable and tax-exempt Florida Housing Finance Corporation Multifamily Mortgage Revenue Bond secured by two apartment complexes involving multiple mortgage tiers and participation by German bank.
  • Representation of domestic corporation in acquisition of real estate assets as part of $300 million acquisition of international chemical company.
  • Representation of non-profit corporation in multiple party transaction involving major hospital in relocating headquarters facility from property ground leased from a university to property adjoining its campus including arrangements for joint use and educational programs at new facility by the non-profit and the university.

Professional & Civic Involvement

Professional Associations

American College of Real Estate Lawyers · Board of Governors, 2009-2011; Chair, Programs Committee, 2007-2008
American College of Mortgage Attorneys
American Bar Association · Real Property, Trust and Estate Law; Liaison to ABA Task Force on Financial Markets Regulatory Reform, 2009-2011; Assistant Secretary, Real Property Section, 2008-Present; Chair, Mortgage Lending Committee, 2008-2010; Chair, Construction Lending Committee, 2003-2008; Chair, Mezzanine Finance Committee, 2002-2003; Co-Chair, Construction Lending Committee, 1999-2000; Vice-Chair, Construction Lending Committee, 1997-1999; Member, Committee on Legal Opinions in Real Estate Transactions, 1995-Present
Ohio State Bar Association · Real Property Section; Council of Real Property Law Section, Chair, 2005-2007, Vice-Chair, 2003-2005; Representative to Council of Real Property Law, 1998-Present
Cleveland Bar Association · Real Property Section; Chair, Real Property Section, 1999-2000; Vice-Chair, Real Property Section, 1998-1999; Secretary, Real Property Section, 1997-1998; Treasurer, Real Property Section, 1996-1997; Legal Opinion Committee 1994-1996, Chairperson
National Association of Industrial and Office Properties, Cleveland Chapter (NAIOP) · Secretary, 1996-1997; Public Affairs Chair, 1997-2000
Greater Cleveland Real Estate Organizations · Associate Representative, 1997-2003
Commercial Real Estate Women of Cleveland (CREW)
Cleveland Mortgage Bankers Association

Community Activities

Boys & Girls Clubs of Cleveland · Director, 1988-2006; Secretary, 1990-2006
Legal Aid Society of Cleveland · Trustee, 1980-1989; Vice President, 1987-1989; Secretary, 1984-1987
Guardian Ad Litem Program · 1979-1982, Volunteer

Publications

  • “The Deed in Lieu of Foreclosure: Ten Questions for Lender’s Counsel” · ABA’s Probate & Property magazine, November/December 2011
  • "The Law & You: A Handbook of General and Everyday Law Affecting Ohio Citizens", 13th Edition, Ohio State Bar Association, Part VIII; Property Law, Contributor, 2006
  • "The Construction Loan Agreement: Six Provisions Important to Lender's Counsel" · Probate and Property, American Bar Association Publication, Jan/Feb 2001
  • "1997 AIA Construction Documents: A Guide for Lender's Counsel" · Probate and Property, American Bar Association Publication, Nov/Dec 1999
  • "Avoiding Traps in Workouts and Deeds in Lieu of Foreclosure" · The Practical Real Estate Lawyer, July 1997

Presentations

  • "Recycling Distressed Property: Creditors' Rights and Other Title Issues", American Bar Association, eCLE, 2010
  • "The Deed in Lieu of Foreclosure: To Do or Not to Do?" Troubled Mortgage Assets from an Institutional Lender's Perspective, American College of Mortgage Attorneys, Phoenix, 2009
  • "Construction Lending from the Ground Up", American Bar Association, Boston, 2004
  • "Local Counsel Opinions in Multi-State Transaction", American Bar Association, Seattle, 2004
  • "When Casualty Strikes Your Construction Project: Insurance and Workout Issues", American Bar Association, Washington D.C., 2002
  • "Real Estate Opinions After Revised Article 9", Ohio State Bar Association, Real Property Institute, 2002
  • "How Strong is Your Commitment? Construction Loan Commitment Letters in Changing Times", American Bar Association, Chicago, 2001
  • "Real Estate Workouts", Cleveland Bar Association, 2001
  • "How the Construction Lender Can Avoid Becoming the Builder", American Bar Association, Miami, 2000
  • "Reciprocal Easement Agreements", Cleveland Bar Association, Real Estate Law Institute, 1999
  • "A Legal Opinion Primer", American Bar Association, Atlanta, 1999
  • "Deeds", Ohio State Bar Association, 2009, 1999
  • "A Brave New World? The Impact of the New AIA Construction Documents on Owners and Contractors", American Bar Association, San Antonio, 1998
  • "Transferring Title to Real Estate", HMS Continuing Legal Education, Cleveland, 1998
  • "Flood Hazard and Flood Insurance", Northern Ohio Chapter NACORE, Cleveland, 1997
  • "Practical Traps That Derail Deeds in Lieu of Foreclosures and Workouts", American Bar Association, Orlando, 1996
  • "Legal Opinions and the Accord", Cleveland Bar Association, 1996
  • "Commercial Real Estate Transactions in Ohio", Professional Education Systems, Cleveland, 1995
  • "Limited Liability Companies", Commercial Real Estate Women of Cleveland, 1994
  • "Legal Opinions in Secured Transactions", Cleveland Bar Association, 1992
  • "Current Issues in Ohio Real Estate Leases", National Business Institute, Cleveland, 1992
  • "Commercial Real Estate Leasing in Ohio", National Business Institute, Cleveland, 1990
  • "Office Leasing: General Provisions", Cleveland Bar Association Practice and Procedure Clinic, 1989
  • "Leases: Default Clauses", Columbus Bar Association, Real Estate Institute, 1988
  • "Purchase Agreements and Murphy's Law: What Can Go Wrong", Cleveland Bar Association, Real Estate Institute, 1985

Awards & Honors

  • Chambers USA -- America's Leading Lawyers for Business (Real Estate)
  • Listed in The Best Lawyers in America, 2013
  • The International Who's Who of Business Lawyers (Real Estate)
  • Women of Professional Excellence · YWCA, 1988
  • Selected for inclusion in Super Lawyers by Ohio Super Lawyer magazine
  • ABA Probate & Property magazine Excellence in Writing Award, 2011