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Mark S. Sharpe

Partner
+1.843.579.5647
Fax +1.843.579.5601
Mark Sharpe is a partner at K&L Gates, LLP, in Charleston, SC. Previously, he was a partner in Warren & Sinkler, LLP, and before that a partner in Sinkler & Boyd, PA (now Haynsworth Sinkler Boyd PA). Prior to beginning his legal career in 1981, he was a CPA licensed in New York State, where he practiced in the audit staff of the accounting firm now known as PricewaterhouseCoopers.

Achievements

Mr. Sharpe holds the following distinctions:

  • Fellow, the American College of Real Estate Lawyers
  • Fellow, the American College of Mortgage Attorneys
  • Listed in Chambers USA: America’s Leading Lawyers in Real Estate Law
  • Listed in Best Lawyers in America
  • Past Chairperson, Real Estate Section of the South Carolina Bar.
  • Past Chairperson, Corporations, Banking, and Securities Law Section of the South Carolina Bar
  • Martindale-Hubbell, AV Preeminent Peer Review Rating

Professional/Civic Activities

  • Past chairperson of the Real Estate Section of the South Carolina Bar
  • Past chairperson of the Corporation, Banking and Securities Law Section of the South Carolina Bar  
  • Chairperson, Task Force on the Unauthorized Practice of Law in Commercial Transactions of the Corporations, Banking and Securities Law Section of the South Carolina Bar
  • Member, Legal Opinion Ad Hoc Committee of the Corporate, Banking and Securities Law Section of the South Carolina Bar .
  • Served as a special referee in mortgage foreclosure actions, as a receiver in mortgage foreclosure actions, and as a partition commissioner.
  • Served as special master appointed by the United States District Court to conduct foreclosure proceedings.
  • Certified as a mediator by the South Carolina Supreme Court

Speaking Engagements

Mark has frequently served as a speaker at continuing education programs sponsored by the South Carolina Bar, and has made presentations in the areas of commercial real estate, banking law, creditor rights, and opinion practices.

Additional Information

Publications
  • Author of the South Carolina chapter of the recent ABA publication The Law of Guaranties, a Jurisdiction by Jurisdiction Guide to U.S. and Canadian Law.
  • He is also the author of the South Carolina chapter of the ABA publication Commercial Lending Law, a State-by-State Guide.
  • He authored the chapter on Multi-State Practice of Law and Ethics for the book Practical Guide to Commercial Real Estate in South Carolina, recently published by the South Carolina Bar.
  • He is a co-author of The South Carolina Third Party Legal Opinion Report, issued by the Corporate, Banking and Securities Law Section of the South Carolina Bar.
  • Author, The Use of Non-Imputation Endorsements in Equity Investment Transactions, ACREL Notes (December 2017)
Practice and Representative Transactions 
Mark focuses his practice on the purchase, sale, and financing of commercial real estate, lending transactions, creditor rights, and disputes related to those areas. Representative transactions include the following:
  • Represented a joint venture developer in the $63,000,000 acquisition of a 2,000 acre tract, the closing of a $50,000,000 acquisition and development loan, and the development of a luxury residential community on the South Carolina coast.
  • Represented the lender in connection with a $34,000,000 commercial office building acquisition financing.
  • Represented a joint venture developer in connection with a $52,000,000 loan refinance for a resort development on the South Carolina coast.
  • Represented developer in connection with a $16,000,000 land loan refinance for undeveloped resort property.
  • Represented UCC secured creditors in connection with the public and private sales of personal property collateral.
  • Represented mortgage lenders in the foreclosure of commercial properties.
  • Represented joint venture in the purchase of a nationally flagged hotel in the Charleston SC area.
  • Represented seller in sale of industrial properties in upstate South Carolina.
  • Represented purchaser in the acquisition of multiple industrial properties in the Charleston, SC area.
  • Represented European industry in the acquisition of an existing industrial facility on the South Carolina coast.
  • Represented lenders and other creditors in bankruptcy court proceedings, including bankruptcy sales.
Additional Legal Experience and Representative Matters
  • Appointed special master by the United States District Court for South Carolina to conduct foreclosure sale of commercial property on behalf of the Court.
  • Appointed special referee by South Carolina Circuit Courts to adjudicate multiple foreclosure proceedings and conduct mortgage foreclosure sales.
  • Appointed mortgage foreclosure receiver in multiple cases, including a hotel/condo project in Myrtle Beach, South Carolina.
  • Appointed and served as a partition commissioner in a statutory partition case.
  • Served as an expert witness on real estate matters.
  • Former CPA licensed in New York State, where he practiced with the accounting firm now known as PricewaterhouseCoopers.