Roger K. Spencer
Attorney at Law
Roger K. Spencer practices in the area of transactional commercial real property law with extensive experience in:
Representation of investment and development entities in acquisition and development transactions and financing, construction, leasing and disposition of commercial real estate including retail, office, resort, healthcare, golf course and subdivision (residential and commercial), loan negotiation, loan due diligence, loan documentation and closing, loan sales and purchases, loan modifications, loan renewals, loan restructures, loan forbearances, loan workouts, short sales and deed-in-lieu transactions.
Representation of national and regional lending institutions in commercial real estate loan transactions including loan negotiation, loan due diligence, loan documentation and closing, loan sales and purchases, loan modifications, loan renewals, loan restructures, loan forbearances, loan workouts, non-performing and distressed loan resolutions, short sales, deed-in-lieu transactions, loan servicing, receiverships, turn-arounds and asset management.
Representation of major national financial institutions in commercial real estate loan portfolio and asset portfolio acquisitions, restructuring and dispositions.
Representation of investment institutions in asset management issues such as project re-positioning, leasing, lease enforcement, brokerage and construction issues.
Representation of real estate brokerage companies, construction contractors, construction managers, architects and title insurance companies.
Current Speeches
Presentation speaker: Financing the Developing Commercial Real Estate Projects on Native American Land, Lecture given at the RES AZ Convention, Scottsdale, Arizona, October 21, 2013
Presentation speaker: Developing Projects on Native American Land, Lecture given for the American Indian Chamber of Commerce, May 2012
Presentation speaker: Commercial Real Estate Purchase Contracts, Lecture given at the City Attorney’s Office, City of Phoenix, Arizona, May 2011
Presentation speaker: Commercial Real Estate Leases, Lecture given at the City Attorney’s Office, City of Phoenix, Arizona, April 2011
Bar Admissions
Arizona
U.S. District Court for the District of Arizona
U.S. Court of Appeals for the Ninth Circuit
U.S. Supreme Court
Education
J.D. - Northwestern University Pritzker School of Law, Chicago, Illinois, 1976
B.A. - University of Michigan, 1968
Professional Associations & Memberships
American Bar Association, Corporation, Banking and Business Law and Real Property Law Sections, Member
State Bar of Arizona, Corporation, Banking and Business Law and Real Property Law Sections, Member
Maricopa County Bar Association, Member
Maricopa County Bar Foundation, Co-Trustee
Valley Partnership
Valley Partnership, Chair, Outreach Task Force Committee
Valley Partnership, Legislative Affairs Committee
AZCREW
High-Tech Cluster, Governor's Strategic Partnership for Economic Development
Arizona Chamber of Commerce, Economic Development Committee
Phoenix Chamber of Commerce, Committee Member
Goldwater Institute for Public Policy Research
National Association of Industrial and Office Properties (NAIOP)
CoreNet (formerly NACORE)
Assisted Living Federation of America-Arizona Chapter, Founding Member
Published Works
New Capital Source In The CRE Marketplace, 2014
Key Terms in Commercial Mortgage Loan Commitments, 2014
Key Points In Tenant Improvement Lease Provisions, 2014
Key Terms in Medical Office Building (MOB) Leases – Landlord and Tenant Perspective, 2013
Enforcement of Federal Fair Housing Law, The Urban Lawyer, University of Missouri - Kansas City School of Law, Vol.9, No. 3, p.514
Asbestos Contamination: A Buyer's Perspective, Arizona State Bar Real Property Section News & Notes, Vol. 1, No. 4
Real Property Transactions: Concerns and Strategies, (Co-Author), State Bar of Arizona
Letters of Credit: A Transactional Perspective, Arizona State Bar Real Property Section Journal, Vol. 2, No. 1
Commercial Real Estate Transactions Practice Manual, (Co-Author), State Bar of Arizona, 550 Pages, 2 Volumes
Investors Relying on Team Approach for Phoenix Transactions, Commercial Leasing Update
Creative Lease Negotiations Can Save Tenants Cash, The Business Journal, Fall edition
Classes/Seminars
Special Lease Provisions: Retail and Restaurant Leasing, Lawline, 2014 to 2014
Key Provisions in Restaurant Leases, Lawline, 2014 to 2014
Fundamentals of Construction Management, Lawline, 2014 to 2014
The Real Deal: Advanced Real Estate Transaction Strategies, Lawline, 2014 to 2014
Office and Retail Leasing: Exit and Expansion Strategies, Lawline, 2014 to 2014
Using the Rules of Professional Conduct To Reduce Malpractice and Promote Recovery, Lawline, 2014 to 2014
A Maturing Market, First Service Solutions, 2014 to 2014
Merging & Acquiring Law Firms of All Sizes, ABA, 2013 to 2013
1st Service Subcontract – CMBS, National Real Estate Investor, 2013 to 2013
Bankruptcy Issues for the Real Estate Professional, Lawline, 2013 to 2013
Wealth & Growth Through 1031 Exchange, Lawline, 2013 to 2013
Understanding Foreclose Defense, Lawline, 2013 to 2013
Environmental Due Diligence in Real Estate Transactions, Part 1, Lawline, 2013 to 2013
Environmental Due Diligence in Real Estate Transactions, Part 2, Lawline, 2013 to 2013
Is it Really Possible to Restructure CMBS Debt, First American Title Insurance, 2011 to 2011
Cloud Computer – How it Impacts Practice of Law, Lexis Nexis, 2011 to 2011
Services, Special Servicer and Receiver, International Council of Shopping Centers, Inc., 2011 to 2011
Poorly Drafted Exclusives, International Council of Shopping Centers, Inc., 2011 to 2011
Lease Accounting, International Council of Shopping Centers, Inc., 2011 to 2011
Ethics – Conflict Waiver, International Council of Shopping Centers, Inc., 2011 to 2011
Negotiating Operating Covenants, International Council of Shopping Centers, Inc., 2011 to 2011
Assignments and Subleases, International Council of Shopping Centers, Inc., 2011 to 2011
In-House Counsel Ethics, International Council of Shopping Centers, Inc., 2011 to 2011
Recent Developments in Real Estate Law, International Council of Shopping Centers, Inc., 2011 to 2011
Loan Workouts, International Council of Shopping Centers, Inc., 2011 to 2011
CMBS Opportunities, 1st Service Corporation, 2011 to 2011
CMBS Negotiations, 1st Service Corporation, 2011 to 2011
Conflicts of Interest 101, MCLE2.com, 2011 to 2011
Top Ten Issues When Buying Distressed Commercial Real Estate, American Title Insurance, 2011 to 2011
Reorganization of Single Entity Exempt Organization Into a Multi-Corporate Enterprise, NBI, 2010 to 2010
Tax Changes to Watch Out For, First American Exchange Company, 2010 to 2010
The Basics of the 1031 Exchange, First American Exchange Company, 2010 to 2010
Non-Judicial Foreclosures - Trustee Services and Title Products, First American Title Insurance Company, 2010 to 2010
State of the Arizona Corporation Commission, State Bar of Arizona, 2009 to 2009
Real Estate Capital Markets, Myths, Legends and Realities, First American Title Insurance Company, 2009 to 2009
Ethical Trends Today, State Bar of Arizona, 2009 to 2009
Commercial Real Estate Finance, Lorman Education Services, 2008 to 2008
Accounting and Financial Statement for Lawyers, Telestrat Educational Services, 2008 to 2008
Issues Concerning the Development, Creation and Operation of the Arizona Office Condominium Association, National Business Institute, 2007 to 2007
Commercial Leasing - Common Client Issues, National Business Institute, 2006 to 2006
Recent Developments in Real Estate Law, American Bar Association, 2006 to 2006
AIA Contracts, Lorman Education Services, 2006 to 2006
Overcoming Foreclosure Obstacles in Arizona, National Business Institute, 2005 to 2005
Arizona Contract Forms Review, Society of Industrial and Office Realtors, 2005 to 2005
Practical Planning for Tenancy In Common (TIC) Transaction Exchanges, American Bar Association, 2004 to 2004
A Boost From The IRS: Section 1031 Tax Deferred Exchanges and Tenancy In Common, American Bar Association, 2004 to 2004
Land Use Law Update, State Bar of Arizona, 2003 to 2003
Negotiating Leasehold Policies of Title Insurance, CLE International, 2002 to 2002
Structuring the Commercial Loan in Arizona, National Business Institute, 2001 to 2001
Arizona Construction Law, Lorman Education Services, 2001 to 2001
Design Professional Liability, Forum on Construction Industry, 2000 to 2000
Construction Law - Can This Job Be Saved, Lorman Education Services, 2000 to 2000
Documenting Condominiums, PUDs and Golf Course Communities, American Law Institute, American Bar Association, 2000 to 2000
Boundary Law in Arizona, National Business Institute, 1999 to 1999
Commercial Lending in Arizona, National Business Institute, 1998 to 1998
Mechanics Lien Law, National Business Institute, 1996 to 1996
Advanced Exchanges of Investment Property, National Business Institute, 1996 to 1996
Current Issues in Commercial Real Estate Leases, National Business Institute, 1996 to 1996
Construction Law and Mechanics Liens, Professional Education Systems, 1996 to 1996
Arizona Foreclosure and Repossession, National Business Institute, 1995 to 1995
Mastering Real Estate Titles, National Business Institute, 1995 to 1995
Title Insurance In Detail, State Bar of Arizona, 1995 to 1995
Annual Ethics Seminar, State Bar of Arizona, 1994 to 1994
Flexibility, Creativity Key in Lease Negotiations, Commercial Leasing Update, Page 14, 1993 to 1993
The Danger Below - Counseling Lenders on Groundwater Contamination, State Bar of Arizona Seminar, 1992 to 1992
Commercial Real Estate Transactions, State Bar of Arizona Seminar, 1992 to 1992
Commercial Real Estate Transactions, State Bar of Arizona Seminar, 1989 to 1989
Assessing Liability for Potential Environmental Hazards in Real Estate Transactions, State Bar of Arizona Program, 1988 to 1988
Asbestos Contamination and Radon Gas Contamination, Los Angeles National WICRE program, 1988 to 1988
Asbestos Contamination and Radon Gas Contamination, Women in Commercial Real Estate of Arizona Program, 1988 to 1988
Real Property Transactions: Concerns and Strategies, State Bar of Arizona Program, 1987 to 1987
Past Employment Positions
Quarles & Brady (in Arizona, Quarles & Brady Streich Lang), Phoenix Office, Partner - Real Estate (1988-2005)
Winston & Strawn, Phoenix office, Partner - Real Estate
Snell & Wilmer, Phoenix Office, Real Estate Department
Military Service - Captain, United States Air Force, Jet Pilot (T-38, T-37), Jet Instructor Pilot (T-38), stationed: Randolph Air Force Base, San Antonio, Texas; Tyndall Air Force Base, Florida; Shepherd Air Force Base, Wichita Falls, Texas; temporary duty, Wright Air Force Base, Dayton, Ohio
Pro Bono Activities
Fiesta Bowl Committee Member
Copperstate 1000 Road Rally; Organizational Committee
Phoenix Men's Arts Council for the Phoenix Art Museum; Board of Directors
Phoenix Sunrise Rotary Club
Phoenix Rotary 100 Club
Lawyers for The Phoenix Symphony Steering Committee
Phoenix Men's Symphony Council Member
University of Michigan Alumni Association
Stanford University Alumni Association
Northwestern University Alumni Association
Superbowl Committee
United States Figure Skating Championship; Organizational Committee, 1993 to 1993
Phoenix School District, Elementary School Reader Program, J.B. Sutton Elementary School, 3100 West Roosevelt, Phoenix, Arizona
LAI International - Land Economics Honor Society 2015-Present