Mark D. Werner

MARK WERNER has represented a wide variety of institutions in financing, joint venture and financial assets acquisition transactions for over 20 years.

In recent years, Mark’s primary areas of focus are the residential mortgage servicer market and the residential mortgage loan market. Mark has represented borrowers, lenders, sponsors, underwriters, investors, servicer, sellers and buyers in a wide variety of transactions including mortgage servicing rights (“MSR”) financings, mortgage loan warehouse facilities, excess servicing fee (or “excess MSR”) transactions, mortgage servicing rights purchase and sale transactions, mortgage loan purchase and sale transactions, and servicer advance facilities.

Mark has also focused in representing parties establishing joint ventures to invest in a wide variety commercial loan products and the financing of the commercial loan products.
Finally, Mark also focuses on the purchase, sale and financing of various esoteric assets (including structured settlement payment rights, annuity contract rights and lottery prize payment rights). 

Mark’s recent transactions include the following:

• Representation of an ad hoc group of note holders in connection with a comprehensive support agreement, exchange offer, and consent solicitation by the note issuer. As part of the exchange transactions, the note holders were offered the ability to exchange 2025 unsecured notes for 2026 senior secured notes and 2029 exchangeable senior secured notes, and receive certain upfront fees. 
• Representation of a non-bank residential mortgage servicer in connection with the structuring of a master trust and the issuance of 37 different classes of notes on the initial closing date of the master trust. The broad variety of notes issued in this complex transaction included rated notes, unrated notes, fixed rate notes, floating rate notes (including notes supported by interest rate hedges and other notes not supported by interest rated hedges), term notes and variable funding notes and involved 144A, Regulation S, bank and asset-backed commercial paper conduit execution.
• Representation of multiple public borrowers under syndicated credit facilities.
• Representation of a middle market private equity sponsor in connection with multiple acquisition financings involving senior and junior debt financing.
• Representation of a non-bank residential mortgage servicer in connection a series of servicer advance acquisition lines of credit.
• Representation of a major financial institution in connection with a series of commercial loan sourcing and investment programs (including several joint venture programs).
• Representation of an asset management firm in connection with the acquisition of economic interests in connection with mortgage servicing rights and the related acquisition financing.
• Representation of a placement agent in connection with the issuance of notes backed by structured settlement payment rights and annuity contract payments.
• Representation of financial institutions in connection with the structuring of structured settlement warehouse credit facilities.
• Representation of a healthcare company in connection with a first-lien/second-lien acquisition financing.
• Representation of a purchaser under a “flow” purchase facility for lottery prize receivables.
• Representation of borrowers and lenders under multiple structured trade receivables financings.