Atty. Mark S. Edelstein
Mark Edelstein is chair of Morrison & Foerster’s Global Real Estate Group. Mr.
Real Estate Law Attorney · Serving New York, NY
Profile Summary
About Mark S. Edelstein at a Glance
Mark S. Edelstein is a real estate attorney based in New York, New York, practicing at Morrison Foerster. Admitted to practice in New York, New York State Bar Association. Educated at Yeshiva University (J.D., 1983). Recognitions include Best Lawyers in America — Real Estate Law (2026). Serves clients in New York, NY and the surrounding metropolitan area.
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About Mark S. Edelstein
- Mark Edelstein is chair of Morrison & Foerster’s Global Real Estate Group
- Mr. Edelstein concentrates his practice on the areas of real estate finance, private equity, workouts, restructurings, and bankruptcies, and regularly represents lenders and others in a wide variety of mortgage and construction loan transactions involving, among other asset types, office, commercial, retail, industrial, multi-family, hospitality, healthcare, and condominium and cooperatives, and in complex real estate workouts, restructurings and chapter 11 proceedings
- Mr. Edelstein is an expert on syndicated and participated loan arrangements, A/B note transactions, mezzanine financing, EB-5 transactions, bond financing, and complex intercreditor and co-lender agreements
- Mr. Edelstein is routinely involved in numerous projects that have reshaped the New York City skyline
- Recent projects include the new Time Warner Building (30 Hudson Yards), One57, Via 57 (the Durst Organization pyramid building located at 625 West 57th Street), The Museum of Modern Art Tower, the Baccarat Hotel, Greenwich Lane, 15 Central Park West, 56 Leonard Street, The Conde Nast Building, 111 Murray Street, Pacific Park (formerly known as the Atlantic Yards), 125 Greenwich Street, the HFZ Highline Building (76 Eleventh Avenue), 555 Tenth Avenue, One Bryant Park, Gotham West, 5 Times Square, Times Square Tower, and the Observation Wheel of Staten Island, among many others
- During the 1990’s, Mr. Edelstein established his prior firm’s Real Estate Workout and Bankruptcy Group, and was heavily involved in the numerous debt restructurings and bankruptcies of high profile real estate companies and developers of that decade, including Olympia & York, Donald Trump, Leona and Harry Helmsley, Harry Macklowe, William Zeckendorf, Harold Brown, Trammell Crow, Peter Kalikow, and George Klein
- During the most recent downturn, Mr. Edelstein again was in the middle of the highest profile real estate workouts and bankruptcies, representing, among others, the largest creditor group in the General Growth Properties bankruptcy case, and the largest creditor in the Extended Stay Hotels bankruptcy case, and spent years restructuring the debt of, and enforcing litigation and bankruptcy claims against, some of the largest public and private homebuilders in the United States
- Mr. Edelstein took cases, as needed, up to the highest courts in the United States, including the U.S
- Supreme Court (RadLax Gateway Hotel, LLC v
- Amalgamated Bank), where the client won a unanimous verdict
- and filed the first voluntary bankruptcy case in the history of two of the largest money center banks in the country to achieve a 100% recovery on a large homebuilder land loan in Nevada at the bottom of the market during the Great Recession
- Mr. Edelstein has received recognition for excellence by Chambers USA, Legal 500, Euromoney’s Real Estate Expert Guide, Best Lawyers in America, Super Lawyers, and Who’s Who Legal (US and International)
- In 2016 and 2017, he was one of seven real estate attorneys named “Power Lawyer” by the Commercial Observer
- In 2013 and 2014, he was named a “Real Estate MVP” by Law360 (globally, only six attorneys in 2013 and seven in 2014 received this honor, and Mr. Edelstein was the only real estate attorney selected two years in a row)
- Mr. Edelstein is an author of numerous articles and a frequent lecturer on topics involving real estate finance and workout matters
- His articles have appeared in American Banker, Commercial Lending Review, The New York Law Journal, The National Law Journal, The Practical Lawyer, The Real Estate Finance Journal, Corporate Finance, and Real Estate Weekly
- In addition, he had a regular Q&A column in, and was on the advisory board of, Warren Gorham Lamont’s Creditors Workout Strategies and was on the editorial board of GlobeStreet’s Distressed Assets Investor Newsletter
- He is a member of a number of national and local real estate trade groups, including the Urban Land Institute, Mortgage Bankers Association, Real Estate Lenders Association, International Council of Shopping Centers, and the Real Estate Board of New York
- He is also a member of the Real Estate and Construction Council of Lincoln Center and a board member of the Real Estate Networking Trust
Practice Areas Explained
Mark S. Edelstein's Areas of Legal Practice
Each practice area below reflects the types of cases Mark S. Edelstein handles, with a practical overview of what that area of law involves and how it may apply to your situation in New York.
Real Estate Law in New York
Real estate attorneys handle home purchases, sales, commercial transactions, title disputes, and landlord-tenant matters.
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Jurisdictional Context
Why Local Counsel Matters in New York
Practicing law in New York. Legal matters in New York are governed by state-specific rules of civil and criminal procedure, statutes of limitations, and substantive law. Cases originating in New York are typically filed in the local municipal court or the appropriate New York state district court, depending on subject matter and amount in controversy. An attorney licensed in New York brings working knowledge of local procedural deadlines, judicial practices in this venue, and the substantive law that applies to cases brought here. Out-of-state attorneys generally cannot represent clients in New York courts without local counsel or pro hac vice admission.
New York Courts and Legal Process
Choosing a New York-based attorney means your counsel already knows the local docketing timelines, preferred filing formats, and how individual judges typically rule on procedural motions — details that only come from practicing in this jurisdiction day after day. That local familiarity can translate to better strategy, faster filings, and fewer costly surprises.
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Professional Profile
Why Clients in New York Choose Mark S. Edelstein
Selecting an attorney is one of the most consequential decisions you can make when a legal matter arises. Below are the core qualities that distinguish Mark S. Edelstein's practice in the field of real estate.
Focused Real Estate Practice
Concentrating on real estate means Mark S. Edelstein's knowledge of relevant statutes, case law, and procedural nuances stays current — unlike generalist practices that spread attention across unrelated fields.
Local Presence in New York
A New York-based practice means Mark S. Edelstein attends hearings in the same courthouses, knows the local clerks, and understands the unwritten scheduling norms that affect every case filed here.
Case Types
Common Legal Issues Mark S. Edelstein Handles in New York
Below is a representative sample of the types of matters Mark S. Edelstein has experience with under New York law. If your situation involves one of these case categories, this attorney may be well positioned to help you understand your options.
This list is illustrative, not exhaustive. Contact Mark S. Edelstein directly to discuss the specifics of your situation.
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Mark S. Edelstein's Practice Areas & Specializations
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