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Overview

Branden is a member of our Economic Development Department and real estate groups with experience in real estate and finance law. Branden is an established leader in real estate and finance law. He often assists parties with out-of-state and multi-state leases, acquisitions and loans. His comprehensive practice focuses on real estate transactions, real estate title examinations and title insurance, commercial real estate acquisitions, banking law and financing, equipment and asset based financing, land use, real estate taxes, landlord and tenant negotiations and disputes, and loan enforcement and defense. Branden also assists out-of-state investors with acquisitions of property in Kentucky in relation to like-kind exchanges (IRC Section 1031).

Career Highlights

Representative Cases and Achievements

Developers

  • Represent developers with acquisition, development and financing of retail stores and centers throughout Kentucky.
  • Represent developer with acquisition, development and financing of O’Reilly Auto Parts and Family Dollar stores in, Kentucky, Indiana, Illinois, Ohio, Pennsylvania and Tennessee.
  • Represent developer with acquisition, development and financing of shopping centers in Alabama and North Carolina.
  • Represented developer with acquisition, development and financing for Walgreens stores in southeastern Kentucky.

Title Insurers

  • Authorized agent for First American Title Insurance Company.
  • Local title agent for title insurers and assist national offices with commercial transactions, including, $62,500,000 hotel and golf course, $20,000,000 manufacturing facility, and $28,000,000 apartment building.
  • Represent national title insurance company with assisting insured parties with clearing title to their property interests in pending foreclosures throughout Kentucky.

Finance

  • Represent community bank with its commercial transactions in its Northern Kentucky, Southeastern Kentucky, Central Kentucky and Louisville Markets.
  • Represent national bank with small and large commercial transactions in Central Kentucky.
  • Drafted and negotiated loan documents for $10,000,000 shopping center acquisition and loan. The deal involved 1031 Like-Kind Exchange funding. 
  • Drafted and negotiated loan documents for third party purchaser of tax liens. The deal required a special and complicated debt service covenant.
  • Represented lender with USDA guaranteed loan to automotive manufacturing firm with collateral located in Kentucky, Minnesota and South Carolina. Drafted and negotiated commitment letter, credit agreement, security documents and heavy due diligence.
  • Represented lender with loans to be secured with aircrafts, including filings with Federal Aviation Administration and Aircraft Registry.

Leasing

  • Represent developers with negotiations of leases with national tenants, including, Walgreens, O’Reilly Auto Parts, Panera Bread, Buffalo Wild Wings, Mattress Firm, McDonald’s, Vision Works, and Aspen Dental.
  • Represent landlords and tenants with their office leases in Lexington.
  • Drafted lease form that is used by Mattress Firm in the region.
  • Represented landlord with drafting and negotiating ground lease for convenience store / gas station development.

Litigation

  • Represent national title insurance company with assisting insured parties with clearing title to their property interests in pending foreclosures throughout Kentucky.
  • Represented lender with $5,000,000 foreclosure of shopping centers and office building. Borrower brought lender liability claims against lender.
  • Represented lender with foreclosures of apartment buildings.
  • Represented client with boundary dispute with adjacent landowner.
  • Represented client with a bench trial to quiet title to property in Woodford County for a new development.
  • Represented landlord with commercial eviction of national tenant with ground lease of a shopping center’s out parcel.

Governmental Relations

  • Negotiations with the Fayette County Property Valuation Administrator related to real estate tax assessments.
  • Negotiations with the Kentucky Real Estate Commission related to brokering without a license.
  • Hear cases as a member of the LFUCG Board of Adjustments for conditional use permits and zoning variances.
  • Hear appeals as a member of the Fayette County Board of Assessment Appeals related to real estate tax assessments.

Awards

  • Selected for inclusion in The Best Lawyers in America®, 2018, in the field of Real Estate Law
  • Martindale-Hubbell AV® Preeminent™
  • Selected for inclusion in Kentucky Super Lawyers® "Kentucky Rising Stars" list, 2013 - 2016

Affiliations

Professional Affiliations

  • LFUCG Board of Adjustments (Planning), 2015 - Present
  • Fayette County Board of Assessment Appeals (Tax Board), 2015 - Present
  • Leadership Lexington, Class of 2011 - 2012
  • CCIM, Kentucky Chapter, Affiliate
  • Fayette County Bar Association, 2002 - Present
  • Kentucky Bar Association, 2002 - Present

Former Employment

  • Member, Morgan & Pottinger, P.S.C.
  • Partner, Wyatt, Tarrant & Combs, LLP

Community Involvement

Professional Leadership

  • Kentucky Land Title Association, Board of Directors, 2013 - Present, and Chair of Legislative Committee, 2015 - Present
  • Financial Institutions Board (Advisory Board to Kentucky Department of Financial Institutions), 2009 - Present
  • Commercial Property Association of Lexington, Vice President, 2011, President, 2012, and Board of Directors, 2013 - Present
  • Central Kentucky Lawyer Referral Service, Director, 2009 - 2010
  • Fayette County Bar Association, Director, 2008 - 2010

Civic and Charitable Involvement

  • Leadership Lexington Alumni Association, 2012 - Present
  • Picadome Elementary PTA, 2012 - Present
  • Southland Association, 2010 - Present
  • University of Kentucky Alumni Association, 2002 - Present

Media

Contributions & Published Works

  • Author, “Point: Should Kentucky Require Title Insurance Agents to be Licensed?” Louisville Bar Association, Bar Briefs Focus on Real Estate, October 2016
  • Author, “Protecting a Lender’s Interest in a Mobile Home or Manufactured Home in Kentucky,” Morgan & Pottinger, P.S.C. Newsblog, 2016
  • Co-Author, “Same-Sex Married Couples and Real Property in Kentucky,” Morgan & Pottinger, P.S.C. Newsblog and Kentucky Land Title Association Newsletter, 2016
  • Author, "Real Estate Industry Legislative Law Summary,” Kentucky Land Title Association Newsletter, 2015
  • Author, “Federal Conference and Lobbying Day,” Kentucky Land Title Association Newsletter, 2015
  • Co-Author, “KRS 382.365 Does Not Apply to Erroneously Filed Liens,” Kentucky Land Title Association Newsletter, 2014
  • Author, “Community Bank Lenders Need to Prepare Now for Upcoming Regulatory Changes,” Kentucky Land Title Association Newsletter, 2014
  • Author, “Don’t be Haunted by the Family Cemetery,” Morgan & Pottinger, P.S.C. Newsblog, 2014
  • Author, “Kentucky Financial Institutions See Steady Growth, Face Changing Federal Regulations,” Morgan & Pottinger, P.S.C. Newsblog, 2014
  • Author, “Modifying Processes for Garnishments of Accounts Containing Federal Benefit Payments,” Kentucky Banker Magazine, 2013

Presentations

  • Presenter, “Dealing with Difficult Landlords,” Kentucky League of Cities, May and October 2016
  • Presenter and Author, “Evaluating Boundary Evidence” and “Conservation Easements,” NBI, Inc., 2015
  • Presenter and Author, “Insuring Foreclosed Property,” First American Title Insurance Company, 2014
  • Presenter and Author, “Understanding Title Insurance” and “ALTA Exclusions and Endorsements to Policies,” NBI, Inc., 2014
  • Presenter and Author, “Closing a Simple Real Estate Transaction: Due Diligence,” Kentucky Bar Association, Annual Convention, Young Lawyer’s Conference, 2007, 2010, 2011, 2012, 2014

Services

University of Kentucky, B.A.
University of Kentucky College of Law, J.D., 2002

  • Kentucky, 2002
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