Zachary D. Prendergast's Profile Image

Zachary D. Prendergast

Zack Prendergast is a partner at Robbins, Kelly, Patterson & Tucker. He represents clients at all stages of commercial finance and corporate transactions. His clients include real estate investors, financial institutions, special servicers, REITs, private equity funds, commercial leasing companies, and acquirers of commercial debt.

Zack’s practice focuses on general corporate, finance, and real estate transactional matters. He handles different kinds of transactions, including asset acquisitions and dispositions, mortgage financings, note-on-note facilities, leases, real estate development, and corporate structure and formation. He works on transactions involving a number of commercial asset classes, including retail, office, hotel, multifamily, student housing, senior living, and mixed-use properties.

A main focus of Zack’s practice is advising clients, particularly lenders, on resolving distressed and non-performing commercial loans. He counsels clients on loan enforcement, out-of-court workouts and restructurings, loan modifications, foreclosure litigation, receiverships, bankruptcy, and the management and disposition of REO property. He also represents court-appointed receivers and acquirers of property out of receivership.

Zack is admitted to practice law in Ohio, Indiana, Kentucky, and Michigan. He maintains a national practice and counsels clients on transactions all over the United States.

Representative Matters

  • Counsel for noteholders on foreclosure and subsequent deed in lieu of foreclosure transactions for $186 million in loans secured by a portfolio of shopping centers in Ohio and Indiana.
  • Counsel for the noteholder in a workout of a $36 million mortgage loan secured by retail property in Colorado.
  • Counsel for the seller in $32 million disposition of an office tower in Louisville, Kentucky.
  • Counsel for the noteholder in $21 million foreclosure of an office tower in Lexington, Kentucky.
  • Counsel for a REIT in a $16 million disposition of real estate in Florida.
  • Counsel for the lender on $21 million construction loan secured by a senior housing facility in Lexington, Kentucky.
  • Counsel for the purchaser in the acquisition of an office complex in Columbus, Ohio for $6.4 million, including $6 million in CMBS assumption financing.
  • Counsel for the noteholders in an out-of-court workout of $7.5 million in loans secured by residential and commercial property in Indiana.
  • Counsel for the purchaser in the acquisition of multifamily property for $4 million.
  • Counsel for the acquirer of $1.8 million in loans secured by a golf course in suburban Cincinnati, Ohio.
  • Counsel for both sellers and buyers on multiple loan sale transactions.
  • Counsel for the seller in the $1.3 million sale of a strip center in Wisconsin.
  • Counsel for the seller in the $2 million sale of a medical office building in Michigan, including documentation of seller financing.
  • Counsel for the court-appointed receiver of the Terrace Plaza Hotel in Cincinnati, Ohio.
  • Counsel for the lender in documenting and closing a $2 million loan secured by a horse farm in Kentucky.
  • Counsel for the noteholder in obtaining a state court judgment and appointment of receiver on a $7 million line of credit secured by equipment and business assets, and in obtaining dismissal of the borrower’s subsequent Chapter 11 filing.
  • Counsel for the noteholder in obtaining summary judgment on a $1.2 million loan over the opposition of guarantors, a junior lienholder, and a lessee challenging standing and lien priority.
  • Counsel for the noteholder in successfully defending an appeal of a $1.7 million cognovit judgment in 2010-1 CRE Venture, LLC v. Costanzo, 2011-Ohio-3530.
  • Counsel for the appellee in successfully defending the appeal of judgment in BWIP Recreation Owner L.L.C. v. Applewood Village Condominium Assn., Inc., 2016-Ohio-1430.

Publications

  • Indiana Chapter, Trigild Deskbook: Guide to Receivership & Foreclosure, 6th ed. 2018

Presentations

  • Speaker, “Real Estate Development From Start to Finish,” National Business Institute, March 2019
  • Speaker, “Title and Title Insurance Explained,” National Business Institute, June 2018
  • Speaker, “Real Estate Closings 101,” National Business Institute, June 2018
  • Speaker, “Tax Matters in Real Estate,” National Business Institute, June 2018
  • Speaker, "The Nine Most Problematic Parts of Real Estate Purchase and Sale Agreements,” National Business Institute, December 2017
  • Panel Moderator, “Latest Trends in Workouts and Enforcement,” Trigild Lender Conference, October 2017
  • Panelist, Legal Update Panel, Trigild Lender Conference, April 2017
  • Speaker, “Commercial Purchase/Sale Agreement Disputes and Litigation,” National Business Institute, March 2017
  • Speaker, “Foreclosure Defense Strategies,” National Business Institute, March 2017

Professional Associations

  • Ohio State Bar Association
    Member, Council of Delegates
  • Cincinnati Bar Association
  • Cincinnati Academy of Leadership for Lawyers, Class XIX
  • Indiana Bar Association
  • Kentucky Bar Association
  • State Bar of Michigan
  • Turnaround Management Association, Cincinnati/Northern Kentucky Chapter

Community Involvement

  • Cincinnati Children’s Choir, Board Member, 2014 - 2017

Areas of Practice

  • Corporate
  • Real Estate
  • Commercial Finance
  • Financial Institutions
  • Leasing
  • Commercial Litigation
  • Creditors’ Rights
  • Bankruptcy

Bar Admissions

  • Ohio
  • Kentucky
  • Indiana
  • Michigan
  • U.S. District Court, S.D. Ohio
  • U.S. District Court, N.D. Ohio
  • U.S. District Court, N.D. Indiana
  • U.S. District Court, S.D. Indiana
  • U.S. District Court, W.D. Kentucky
  • U.S. District Court, E.D. Kentucky
  • U.S. District Court, E.D. Michigan
  • U.S. District Court, W.D. Michigan
  • U.S. District Court, C.D. Illinois
  • U.S. District Court, W.D. Oklahoma

Education

  • University of Toledo College of Law, J.D., magna cum laude, 2006
  • Marquette University, B.A., Honors, 2003
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