Brook Boyd

Practice Area: Corporate Real Estate

Brook Boyd has a broad range of experience in real estate, corporate and commercial transactions and related litigation. Mr. Boyd has represented banks and trust companies, investment banks, credit unions, investors, developers, general contractors, nonprofit organizations, receivers and a wide variety of other companies and individuals.


J.D., Duke Law School (American Jurisprudence Prize Recipient)

A.B., Harvard University (Magna Cum Laude)




New Jersey

New York

District of New Jersey

Southern District of New York

Eastern District of New York

Prior Experience

Before rejoining MSF in 2009, Mr. Boyd was Special Counsel at Windels Marx Lane & Mittendorf.

Before that he was at Herrick, Feinstein for 12 years, where he served as Counsel.

Representative Matters

Represented owner-developer of hotel project in connection with workout of existing construction loan and subsequent refinancing that preserved substantial equity.

Represented not for profit organization in connection with auction sale of landmarked property resulting in net proceeds substantially above appraised value.


Brook Boyd has been quoted extensively as an expert on various legal matters by numerous publications, including the New York Times, the Wall Street Journal, Le Monde, Business Week, The Mortgage and Real Estate Executives Report, BNA’s Daily Tax Report, and BNA’s Daily Report for Executives.

Speaking Engagements

“Smart Checklists,” ABA Real Property, Trust and Estate Law Spring Symposia (May 1, 2014)

“Income tax planning for real estate workouts,” Law Seminars International (March 18, 2009)

“Anatomy of a Commercial Real Estate Loan Workout,” American Bar Association (April 10, 2008)


“Real Estate Financing,” Law Journal Press 39th ed., 2016 (book with CD-ROM and online access)

Commentaries (included in the following sections of N.Y. Consol. Laws: the Banking Law, General Business Law, General Obligations Law, Lien Law, Navigation Law, and Real Property Law)

“The Top 2016 Developments In Real Estate Finance,” ABA Real Property, Trust and Estate Law eReport, January 2017

“The Top 2015 Developments In Real Estate Finance,” ABA Real Property, Trust and Estate Law eReport, January 2016

“The Top New Developments In 2014 For Real Estate Finance,” ABA Real Property, Trust and Estate Law eReport, January 2015

“Smart Checklists and the Future of Real Estate Law,” GPSOLO, American Bar Association, May/June 2014 (“Best of the ABA Sections”)

“‘Smart’” Checklists & The Future Of Real Estate Law Practice,” 28 Prob. & Prop., American Bar Association, January/February 2014

“Why Lawyers Need ‘Smart’ Checklists & Integrated Forms: Quality, Cost Savings, Ethics, and Malpractice Prevention,” N.Y.L.J., August 9, 2013

“New Energy Bill Offers Tax Breaks for Real Estate,” Real Est. Weekly, August 17, 2005

“How to Avoid Being Attacked as a Predatory Lender,” Real Est. Weekly, April 8, 2005

“Risks to Lenders and Investors When Property Has Only Temporary C/O,” Real Est. Weekly, February 2, 2005

“When Lenders May Deduct Loan Expenses,” Real Est. Weekly, January 12, 2005

“Workouts and Distressed Real Estate,” Real Estate Transactions, 1992, 1996, 2001 and 2003 updates (co-author, Matthew Bender)

“Risks Under New Terrorism Insurance Act,” E-DIRT, Vol. III, Issue 2, ABA Section of Real Prop., Prob. & Tr. Law, 2002

“New E-Signature Laws Make Lenders and Borrowers E-Naked,” 16 Real Estate. Fin. J., Spring 2001

“E-SIGN Laws Could Make You Vulnerable,” N.Y.L.J., October 17, 2000

“Risks of Misfiled UCC-1s Haunt Real Estate Lawyers,” N.Y. Real Prop. L. J., N.Y.S. Bar Assoc., Summer, 1997

“Small Commercial Real Estate Loans Can Be Securitized,” Mortgage Servicing News, May, 1997

“Brokers,” “Seller and Purchaser,” and “Mortgage,” Warren’s Weed New York Real Property, 1996 and 1997 revisions (co-author, Matthew Bender)

“Financing of Homeowners Associations and Planned Unit Developments,” Real Estate Transactions 1991 and 1997 revisions (co-author, Matthew Bender)

“Workouts and Distressed Developments,” The Law of Condominiums, 1992 and 1996 updates (co-author, Matthew Bender)

“Workouts and Distressed Developments” Homeowners Associations and Planned Unit Developments, 1992 and 1996 updates (co-author, Matthew Bender)

“Loan Restructurings:  Whether or not to Consolidate or Split Secured Loans,” N.Y.L.J., August 27, 1993

“Insurance Escrows in Mortgages,” N.Y.L.J., December 30, 1992

“New Law for Sale of Out-of-State Properties,” N.J.L.J., March 8, 1990

“The Implied Warranty Provisions in State’s New Housing Statute,” N.Y.L.J., January 19, 1989

“Sales Across State Lines,” Vol. 18 Real Est. L.J. Ed. 56, Summer, 1989

“New State UCC Pre-Closing Filing,” N.Y.L.J., September 7, 1988

“New Forfeiture Laws Change Real Estate Practice,” N.Y.L.J., July 28, 1988

“When the Mortgage Lien Doesn’t Protect the Lender,” Vol. 17 Real Est. Rev., Summer, 1987

“Supreme Court Strikes Blow for Owners,” Real Est. Weekly, August 10, 1987

“The New IRS Regulations for Real Estate Closings (With Forms),” Vol. 3 Prac. Real Est. Law. (ALI/ABA) September, 1987

“Court Decision Said to Invalidate Some Taxes,” Real Est. Weekly, November 17, 1986

“New Asbestos Regulations,” Real Est. Weekly, October 6, 1986

“Asbestos Regulations,” Real Est. Weekly, August 25, 1986

“Brokers Beware,” Vol. 6 The Empire State Realtor, November/December, 1985

“Brokers—Protect Yourselves,” Real Est. Weekly, July 8, 1985

Knowledge Library