Mark D. Lubin

Mark D. Lubin
Mark D. Lubin


  • University of California, Berkeley School of Law (formerly Boalt Hall) (J.D. 1977)
  • Columbia University (B.A. 1973)


Bar Admissions

  • California

Representative Matters

  • Developer of a large multifamily apartment project, including land acquisition, common and preferred equity, construction financing, and tax structuring for maximum efficiency.
  • Closely-held family businesses that need advice and representation to grow their businesses and prepare for ultimate sale or other profitable exit strategies.
  • Developer of the rehabilitation of a blighted 500,000-square-foot former auto assembly plant that was a registered historic building, turning it into a productive income-producing mixed-use asset consisting of office, retail, and light industrial space. Handled all legal work for the project, including acquisition, financing, sale of historic and new market tax credits, construction, and leasing.
  • Developer of the historic core buildings at Pier 70 in San Francisco, including ground lease negotiations, tenant leasing, construction and permanent financing, and tax credit equity.
  • Operating partner of several large real estate investment funds capitalized by major private equity investors and pension funds, formed to acquire, own and manage numerous portfolios of multifamily residential properties.
  • Developer/operator of a three-phase medical campus and related assisted living and senior housing project, including land acquisition and title work, construction financing from banks and FNMA permanent financing, tax credit syndication, and leasing, including ground leases, full building NNN leases, and office leases.
  • Negotiated hundreds of real estate partnerships, limited liability companies, and other real estate development joint venture entities of all sizes and across all property types, with equity capital ranging from $5 million to $750 million. Successfully represented parties from all sides of such transactions, including operating partners, equity investors, and land contributors.

Mark D. Lubin is a partner in Lubin Olson’s Real Estate, Business, and Finance & Workouts service groups. He specializes in real estate acquisitions and sales, debt and equity financing, mortgage lending and workouts, capital raising, and entity formation, with an emphasis on real estate and business transactions.

Mr. Lubin co-founded Lubin Olson in 1982. Over the course of more than 40 years of practicing law in San Francisco, Mr. Lubin has represented a wide range of real estate developers, investors, and lenders in almost every conceivable type of real estate transaction and has also represented many closely-held non-real estate businesses in connection with their formation, operation, and sale.

Mr. Lubin includes among his real estate clients purchasers and developers of all types of real estate, such as industrial, office, retail and other commercial properties, and land and residential real estate. Their projects often entail new construction or redevelopment. Mr. Lubin’s expertise includes negotiating and closing all varieties of real estate financing for his clients, including conventional bank financing, securitized loans, mezzanine debt, and ground leases.

Mr. Lubin has also handled hundreds of real estate partnership and LLC formations, ranging from two-party joint ventures to real estate funds with multiple investors. Due to his extensive knowledge and experience in these areas of law, Mr. Lubin has often participated in drafting significant California legislation on various topics. He was a member and past chair of the Partnerships and LLCs Committee of the State Bar Business Law Section, during which time he made significant contributions to a broad spectrum of legislation, including the California Limited Liability Company Act; the California Revised Uniform Partnership Act; the California Limited Partnership Act; and the California legislation creating limited liability partnerships. He has also contributed to legislative efforts concerning more specific issues, such as real estate transfer taxes and rules applicable to private mortgage lending.

Throughout his career, Mr. Lubin has also devoted a considerable portion of his practice to mortgage finance. He has represented a wide range of lenders, from banks to private mortgage lenders, in all types of loan transactions. His experience provides valuable insights for structuring and documenting loan transactions, loan purchases, and loan workouts, providing valuable guidance and advice to both lenders and borrowers.

Mr. Lubin has co-authored four legal treatises published by CEB and the State Bar Business Law Section relating to the formation and operation of limited liability companies and partnerships, as well as numerous articles in legal periodicals and industry newsletters. Mr. Lubin has also appeared as a speaker at many conferences and seminars, including continuing education programs for lawyers, as well as conferences sponsored by real estate industry groups.

Mr. Lubin was selected by his peers numerous times for inclusion in The Best Lawyers in America© and has been honored by Thomson Reuters as a Northern California Super Lawyer 14 times.