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Michael J. Waters

Michael J. Waters

New York, New York
(212) 909-9626
(212) 909-9460

Michael Waters is Of Counsel in the Firm’s Real Estate Department, where he focuses on commercial real estate matters.  Mr. Waters has extensive experience in acquisitions, development, commercial leasing and joint ventures.

Mr. Waters’ practice involves counseling institutional investors and lenders, real estate opportunity funds, and private developers on all aspects of their real estate-related business, with an emphasis on complex debt restructurings and workouts of senior and mezzanine loans and equity investments, including the acquisition and disposition of distressed loans and real estate assets.  Mr. Waters has particular expertise in the negotiation of intercreditor and participation agreements and the complex inter-lender issues arising in distressed real estate projects. 

Mr. Waters also advises securitized mortgage borrowers and lenders in analyzing and renegotiating their rights and liabilities under the securitization and servicing documents, including the relationships between borrowers, lenders and special servicers, and the role of the controlling holder class, as well as strategies for acquiring control of the loan pool. 

Mr. Waters is admitted to practice in New York and Connecticut.

Prior to joining the Firm, Mr. Waters was Counsel in the real estate department at Dickstein Shapiro LLP and has been associated with several other major law firms in New York City.

Bar Admissions

  • New York
  • Connecticut


  • Fordham University School of Law, New York, New York
    • J.D. - 1987
  • Georgetown University
    • B.S. cum laude - 1984

Published Works

  • Gaining Control of Collateralized Mortgage-Backed Securities Pools, Institutional Investor, December, 2009
  • Purchasing Loan Participations: The Devil is in the Details, The Real Estate Finance Journal, Winter, 2008
  • Mezzanine Loans and the Intercreditor Agreement: Not Etched in Stone, Real Estate Finance Journal, Spring, 2007


  • Commercial Real Estate Financing 2012: Getting Back to Business (January 2012) "Junior/Senior Participations and Intercreditor Agreements Under Fire", Practising Law Institute
  • "Real Estate Mezzanine and A/B Loans: Structuring and Enforcing Intercreditor and B Note Agreements" (September 2015), Strafford Publications, Inc.

Professional Associations and Memberships

  • Association of the Bar of the City of New York, Member

Past Employment Positions

  • Dickstein Shapiro LLP, Counsel
  • Dreier LLP, Partner
  • Hogan & Hartson LLP, Associate

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