Mark W. Harris
Partner
Mark's practice focuses on corporate securities and finance, with an emphasis on representation of issuers, underwriters, sellers, servicers and other transaction participants in connection with domestic and cross-border public and private securitization transactions involving single-family and commercial/multifamily mortgage loans, home equity loans, subprime automobile loans, commercial office leases, life settlements and other financial assets. He also represents publicly and privately held mortgage banking and consumer finance companies in connection with state and federal regulatory compliance matters, warehouse lines of credit, loan sale, servicing and derivative transactions, strategic alliances and corporate governance matters. Mark is a member of the Auto Issuer, RMBS Issuer and Outside Counsel Subforums of the American Securitization Forum.
Mark's additional transactional experience includes mergers and acquisitions and general corporate finance transactions, including representation of issuers and underwriters in connection with public and private offerings of senior/subordinated debt securities and equity securities and representation of borrowers and lenders in connection with secured and unsecured commercial credit facilities.
Representative Experience
- Represented mortgage banking subsidiary of national bank as issuer in connection with securitizations of non-conforming jumbo mortgage loans and home equity lines of credit (HELOCs)
- Represented subprime auto finance company as issuer in connection with warehouse financings and securitizations of subprime auto receivables
- Represented international auto manufacturer in connection with acquisition of publicly-traded subprime auto finance company
- Represented private equity fund as purchaser and lender in connection with portfolio acquisitions and warehouse financings of subprime auto receivables
- Represented private equity fund and related entities as borrower in connection with portfolio acquisitions and warehouse financing of life settlements
- Represented various consumer finance companies as issuer in connection with warehouse financings and securitizations of home equity loans (including Title I Loans)
- Represented subprime auto finance company as issuer in connection with filing of shelf registration statements for issuance of renewable subordinated unsecured notes
- Represented subprime auto finance company in connection with strategic alliance with a national auto auction company
- Represented mortgage REIT as issuer in connection with shelf registration statement for structured equity offerings
- Represented private equity fund as lender in connection with various asset-based lending transactions
- Represented underwriter in connection with first credit tenant lease commercial mortgage securitization to rely on Mexican credit
- Represented state and federal financial institutions in connection with establishment of Temporary Mortgage Purchase (TMP) Programs
Publications
- Recent Ruling Allows a Shareholder Lawsuit to Proceed After a Negative Say-on-Pay Vote: Quirk or Harbinger? (October 6, 2011)
- SEC Replaces Credit Ratings with New Wide Market Following Test for Shelf Registration Statement Eligibility (September 1, 2011)
- Amendments to Chapter 9 of the Texas UCC (July 27, 2011)
- Massachusetts Supreme Court Upholds Securitization Conveyance Practices Relating to Assignments of Mortgages (January 11, 2011)
- Next Wave of MBS Litigation Focuses on Issuers, Underwriters (November 8, 2010)
- Impact of the Obama Administration’s Financial Regulatory Overhaul on the Securitization Markets (September 8, 2009)
- "Clark Contracting: Texas Lien Assignees Unperfected?" (March 16, 2009)
Events
- American Securitization Forum 2011 (February 6, 2011)
- Panelist, "Complying with Regulation AB: Current Issues in Disclosure, the Marketing Process and SEC Filings," Information Management Network/ABS West, Scottsdale, AZ (February 2006)
- Panelist, "The Keys to Implementing Regulation AB," Institutional Investor Events, Washington, DC (September 2005)
