Gary W. Swindell practices in all aspects of commercial real estate investment, development finance and disposition and commercial lease negotiations. In such capacity, Mr. Swindell has represented a diverse cross-section of real estate investor and developer related clients, as well as real estate lending institutions. He served as chief real estate counsel in the assemblage, financing and leasing of a mixed-use portfolio for a large, privately owned company that ultimately merged into Castle & Cooke, Inc., and he continues to represent Castle & Cooke, Inc., on financing, leasing and disposition related matters for its commercial, office and retail properties, including the $1.5 billion North Carolina Research Campus in Kannapolis, North Carolina. Mr. Swindell has served as United States counsel for a Canadian REIT in all aspects of its acquisition, financing, leasing and disposition of office, flex-office industrial and multifamily properties in the continental United States. From 1981 to 1985, he served as vice president and general counsel for a real estate syndication company and its affiliate mortgage company, both based in Northern Virginia, overseeing all aspects of their syndication, acquisition, financing and disposition activities.
In the years between 1989 and 1993, Mr. Swindell represented a number of clients, including NationsBank, N.A.’s AMRESCO, in negotiating large commercial loan workouts and restructures, in structuring pre-packaged bankruptcy filings, and in arranging friendly foreclosures and, where appropriate, deeds in lieu of foreclosure, in North Carolina, Virginia and the District of Columbia.
On the commercial development and construction side, Mr. Swindell has represented national clients as well as a number of smaller developers local to the Charlotte area. On the lending side, Mr. Swindell has represented Bank of America, Wachovia, Chase, Citigroup, Deutsche Bank, and a number of smaller banks in North Carolina on matters related to traditional acquisition, development, construction and permanent lending, portfolio lending, loan workouts, conduit lending and bankruptcy matters.
Mr. Swindell received his J.D. from Georgetown University Law Center and his B.A. from the University of Delaware.
Practice Areas
- Commercial Real Estate Acquisitions and Dispositions
- Commercial Real Estate Lending and Capital Markets Transactions
- Commercial Leasing
- Zoning
Education
- Georgetown University Law Center, Washington, D.C., J.D., 1979
- University of Delaware, Newark, Delaware, B.A., Philosophy and Political Science, Magna Cum Laude, with Distinction, 1976
Honors
- Listed in the International Who’s Who of Real Estate Lawyers, 2011-present
- Listed in Best Lawyers in America, 1995-present
- Designated as one of the best real estate lawyers in North Carolina in the “Legal Elite” edition of Business North Carolina, January 2005-present
- Listed in North Carolina Superlawyers, 2006-present
Previous Experience
- Partner, McGuireWoods, Charlotte, North Carolina (1999-2003)
- Founding Partner, Fennebresque, Clark, Swindell & Hay, Charlotte, North Carolina (1993-1999)
- Partner, Moore & Van Allen, Charlotte, North Carolina (1988-1993)
- Associate, Moore & Van Allen, Charlotte, North Carolina (1985-1988)
- Vice President and General Counsel, Equity Programs Investment Corporation and EPIC Mortgage Inc., Falls Church, Virginia (1981-1985)
- Assistant General Counsel, EPIC Acceptance Corporation, Falls Church, Virginia (1984-1985)
- Associate, Repetti, Deerin, Murphy & Evans, Washington, D.C. (1979-1981)
Professional Affiliations
- American Bar Association (1979-present)
- Mecklenburg County Bar Association (1986-present)
- Arlington County Bar Association (1979-1985)
- Member, Mortgage Loan Opinion Subcommittee, Real Estate Section, North Carolina Bar Association
- Member, Joint Ad-Hoc Committee of the Corporation Section and the Real Estate Section of the North Carolina Bar Association, examining forms of opinions delivered in North Carolina
- Lecturer, Northwest Center for Professional Education
- Lecturer, North Carolina Bar Association
- Lecturer, Mecklenburg County Bar Association
- Lecturer, CLE International
Civic/Charitable Activities
- Past Chairman and current member, Board of Directors, Carolinas Freedom Foundation
- Member, Inaugural Board of Advisors, Continental Tire Bowl (now the Meineke Car Care Bowl)
- Charter Steering Committee Member, Charlotte Regional Sports Commission, Fight Night for Kids Foundation
- Corporate Committee, North Carolina Blumenthal Performing Arts Center
- Former Member, Board of Governors, The Tower Club, Club Corp. of America
- Past Chairman, Advisory Committee, Charlotte Regional Sports Commission
- Past Chairman, United Way Campaign, Professional Division
Admitted
- North Carolina 1986
- District of Columbia 1979
- Virginia 1979
- Supreme Court of the United States 1982
Place of Birth
- Woodbury, New Jersey