”Dwight Mixson can quickly assess structure and flag weaknesses or issues early in legal documentation, and creates timelines and follows through. He keeps transactions moving, and is creative in proposing solutions to potential issues which crop up along the way.” - Client Quote from Chambers USA

Overview

Dwight Mixson has over 40 years' experience representing clients in all facets of finance and commercial real estate. He represents lenders, owners and developers with traditional real estate projects such as shopping centers, office buildings, apartments, hotels, condominiums and industrial properties and regularly represents clients with respect to financing and acquisition of senior housing facilities including skilled nursing homes, assisted living facilities, memory care facilities, and senior independent living properties. 

His finance practice involves a mix of construction financing, acquisition financing, and revolving credit. Often the transactions involve loan syndications and mezzanine financing in addition to traditional bank financing. For his real estate and senior housing clients, he devotes a significant part of his practice assisting clients with negotiation of leases, sales and acquisitions.

Dwight practices in the business section with the Lending and Real Estate Practice Groups. He has served numerous terms on the firm’s executive committee and is a past member of the Advisory Board of Trustees for the Alabama Center for Real Estate at the University of Alabama (ACRE).

Experience

  • Represented lead lender and administrative agent in a syndicated $150,000,000 credit facility for the refinancing of 22 skilled nursing facilities and assisted living facilities in ten (10) states.
  • Represented lead lender in a syndicated $50,000,000 revolving credit facility to a Birmingham-based manufacturing company.
  • Represented lender in a $20,000,000 guidance line of credit for equipment purchases for a Birmingham-based manufacturing company.
  • Represented the lead lender in connection with a $23,000,000 syndicated credit facility for construction of an assisted living facility in Bonita Springs, Florida.
  • Represented the construction lender to a multi-family housing developer of its portion of a mixed-use project (residential, retail and office) in Lexington, Ky.
  • Represented the lead lender in providing $27,500,000 construction financing for an assisted living and memory care facility in Falls Church, Va.
  • Represented client in its acquisition of the former Birmingham News headquarters building for relocation of client's headquarters office, and its subsequent acquisition of two adjoining parcels.
  • Represented the developer of a medical office building, a lease to Children's Hospital of Alabama and the construction financing for the project.
  • Represented the lessor in the drafting and negotiation of a commercial lease of approximately 28,000 s.f. light manufacturing space in the Nashville, TN metro area.
  • Represented the owner in the refinancing of two suburban office buildings in the Birmingham, Alabama metro area.
  • Represented the lessor in the drafting and negotiation of a commercial lease of approximately 90,000 s.f. office and warehouse space in the Birmingham, Alabama metro area.
  • Represented a national bank in the sale of bank branches in Alabama.
  • Represented lender in $14,000,000 term loan for financing of an assisted living facility in Davidson County, Tennessee.
  • Represented lender in $12,700,000 term loan for financing of an assisted living facility in Forsyth County, Georgia.
  • Represented lender in $13,800,000 term loan for financing of a seniors independent living facility in Franklin County, Missouri.
  • Represented lender in $8,600,000 construction loan for skilled nursing home facility in Wythe County, Virginia.
  • Represented lender in $8,200,000 loan for acquisition and construction of addition to assisted living facility in Fulton County, Georgia.
  • Represented lender in $15,100,000 loan for construction of seniors independent living facility in Okaloosa County, Florida.
  • Represented lender in $7,700,000 loan for construction of assisted living facility in Richland County, South Carolina.
  • Represented lender in $11,200,000 construction loan for assisted living facility and memory care facility in Bexar County, Texas.
  • Represented lender in $10,400,000 construction loan for assisted living facility in Mecklenberg County, North Carolina.
  • Represented lender in purchase of $30,000,000 syndication interest in an overall $107,000,000 term loan to finance 14 skilled nursing facilities in Virginia, Maryland and Pennsylvania.
  • Represented lender in $22,620,000 construction loan for assisted living facility in Naples, Florida.
  • Represented a national bank acting as administrative agent and lead lender in an $80,000,000 syndicated letter of credit that provided funds for construction of a regional shopping center in Mississippi, including $13,000,000 in TIF bonds to be supported by anticipated sales tax revenue and property tax increases.
  • Represented a U.S. affiliate of a Canadian company in obtaining satisfactory title insurance coverage and remediation of title defects in connection with its real estate acquisition and construction of a large manufacturing facility in Alabama.
  • Assisted a national bank with its conversion of all of its standard commercial real estate lending documents into forms consistent with Alabama law for its use in Alabama transactions.
  • Represented Birmingham based real estate company with development of its forms for commercial leases, sales contracts and property management agreements.
  • Developed forms for use by a national senior housing lender for its senior housing lending, including development of unitranche forms with varying payment priorities among lenders in the lending group.
  • Represented senior housing owner and operator with the acquisition and financing of two assisted living facilities in Georgia. 

Honors & Recognitions

  • Listed in The Best Lawyers in America®, Banking & Finance Law since 2006, Real Estate Law since 2001, Commercial Finance Law since 2021, Commercial Litigation (2024)
    • The Best Lawyers in America®, "Lawyer of the Year," Real Estate Law, Birmingham, Alabama (2021), Banking & Finance, Birmingham, Alabama (2023)
  • Named, Chambers USA, Banking & Finance and Real Estate since 2010
  • Corporate INTL Global Award "Lawyer of the Year," Banking & Finance, Alabama (2023)
  • Global Law Experts "Lawyer of the Year," Banking & Finance, Alabama (2022)

Newsroom

Events

Professional & Community

Civic Activities

  • Advisory Board of Trustees for the Alabama Center for Real Estate at the University of Alabama (ACRE)
  • Treasurer and a past president and an active member of the Advent Sunday School Class of the Vestavia Hills United Methodist Church

Professional Activities

  • American Bar Association
  • Alabama State Bar
  • Birmingham Bar Association
  • ACRE Board, past member (3 year term)

Paralegal/Assistant

Paralegal

Pamela Griffith
(205) 458-5273
pgriffith@burr.com

Legal Practice Assistant

Teresa Whitmore
(205) 458-5215
twhitmore@burr.com

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