A Problem-Solving Approach To Your Commercial Real Estate Case SCHEDULE A CONSULTATION

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.

"I want to help my clients achieve their goals so they receive the maximum economic benefit of my services."

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