Courtney G. Capute

Partner
Capute Courtney

Courtney Capute is co-chair of Venable's Hospitality Industry Sector Initiative. Courtney represents major hotel brands and some of the country’s largest third-party hotel management companies in the negotiation of long-term management agreements and related agreements. She is an experienced business attorney who also focuses on real estate transactions and commercial mortgage-backed securities (CMBS) special servicing.

Courtney maintains a broad-based real estate practice, representing buyers, sellers, and owners of real estate in all aspects of development, including land acquisition, financing, and disposition. She focuses her special servicing work on workouts of troubled CMBS loans, including note sales and the disposition of real estate-owned (REO) property.

Courtney serves as the partner-in-charge of the Baltimore office.

Experience

Representative Matters

  • Represents an international hotel brand in connection with its brand management of full-service hotels located throughout the United States, and the negotiation of all related agreements, including SNDAs, repositioning agreements, cash management agreements, assignments, and termination agreements
  • Represented an international hotel brand in connection with the negotiation of a master declaration covering a mixed-use, branded hotel and timeshare product and related agreements
  • Represented a leading U.S. third-party hotel management company in the portfolio sale of 80+ of its hotel management agreements to another leading U.S. third-party hotel management company, including the development and execution of a pre-closing restructuring of the seller, and the negotiation of all documents required in connection with the sale
  • Represents CMBS Special Servicers concerning participant and servicer rights, the negotiation of loan modifications, deed in lieu of foreclosure agreements, note sales, and REO sale agreements
  • Negotiated a master development agreement between independent private healthcare institutions. The agreement included land swaps, purchase options, various development restrictions, and cross easements
  • On behalf of a hotel owner/developer/third-party manager, negotiated the form of management agreement used in connection with its sale of a 106-hotel portfolio, sold subject to the retained management of the portfolio by the seller
  • On behalf of four special servicers, served as real estate team leader on 62 loan restructurings associated with the bankruptcy filings of the tenants in common (TIC) sponsor, affecting mortgage loans on commercial properties located in 21 states
  • Represented the special servicer on the workout of a five-property senior living multifamily apartment portfolio, including the appointment of a receiver, and negotiation of a purchase and sale agreement stemming from the receivership action
  • Represented the special servicer on a workout involving a 16-building, 1.9 million square foot corporate center, including negotiating a deed in lieu and a settlement agreement

Insights

Credentials
+

Education

  • J.D. University of Maryland 1986
  • B.A. Ohio Wesleyan University 1977

Bar Admissions

  • Maryland

Professional Memberships and Activities

  • Graduate, Baltimore City Leadership class, 2006

Recognition
+

  • Listed in The Best Lawyers in America, Leisure and Hospitality Law, Real Estate Law, 2012 - 2020
  • Listed in Best Lawyers Business Edition, Women in Law, Leisure and Hospitality Law & Real Estate Law, 2017 - 2019
  • Recognized in Chambers USA, Leisure & Hospitality, National, 2013 - 2019
  • Named to Daily Record's List of Influential Marylanders, 2017
  • AV® Peer Review Rated by Martindale-Hubbell

Community
+

Pro Bono

  • Provides pro bono legal services to Manna House, an organization that provides the homeless and poor of Baltimore City with goods and services
  • Provides pro bono legal services to Roca Baltimore LLC, an organization whose mission is to disrupt the cycle of incarceration and poverty among Baltimore City’s most at-risk young men
  • Provides pro bono legal services to Cylburn Arboretum Association, a nonprofit friends group supporting Cylburn Arboretum, a 200-acre Baltimore City urban park

Volunteerism

  • Past president, Turnaround, Inc., a nonprofit organization that offers counseling and other services to survivors of domestic violence and sexual assault
  • Board member, Greater Baltimore Committee