Joseph J.W. Phelps
If a client calls with a problem, we don’t sit around talking about it. We solve it and move on.
Contact: P /612.604.6755E /[email protected]
Administrative Contact: Julie Moyer P /612.604.6582E /[email protected]
Education
William Mitchell College of Law, J.D., magna cum laude, 2010
- Editor, Cybaris®, an Intellectual Property Law Review
- Staff, William Mitchell Journal of Law and Practice
Hawai’i Pacific University, B.A., Political Science & Justice Administration, magna cum laude, 2007
Bar Admissions
Minnesota
U.S. District Court, D. Minn.
My Approach
I enjoy working with clients to drive the deal; to push the transaction to closing by finding creative solutions to problems that arise. I focus on the real issues for my clients, and do not dwell on every tiny hiccup. I work closely with my clients and want them to think of me as a member of their team. I feel gratified knowing that the work we do together can result in affordable housing for those in need of it most, the complete rehabilitation and turnaround of distressed, abandoned buildings to make them useful again, or developing vacant land to its full potential.
Outside of the office, I spend most of my time with my wife chasing our little guy around in St. Paul and renovating and redeveloping historic residential and commercial rental property we own in northern Minnesota.
Practice Areas
Practicing Tax Credit Financing & Syndication
My Experience
I work closely with developers, lenders and investors in a range of tax credit and real estate matters, including developments involving Low Income Housing Tax Credits, federal and state Historic Tax Credits, New Markets Tax Credits, solar and other Energy Tax Credits, and various state industrial and rehabilitation tax credits around the country. My work has included general development work; negotiating and drafting development and financing documents with state governmental agencies and local municipalities; negotiating and drafting loan documents with construction lenders, permanent lenders, and tax credit bridge lenders; and negotiating and drafting tax credit syndication and investment documents. I also have extensive experience closing state tax credit investment and general tax credit bridge lending deals.
Representative Matters
- Closed on the new construction of a $55,000,000 affordable housing project utilizing 4% LIHTC and tax-exempt bonds in Colorado.
- Closed a combination construction loan of more than $33,000,000 on an affordable senior project utilizing 4% LIHTC, 9% LIHTC, and New Markets Tax Credits in Denver, Colorado.
- Closed on the new construction of an affordable housing project utilizing 9% LIHTC in northern Minnesota.
- Closed a combination 5 megawatt solar project involving energy tax credits in Minnesota.
- Represent a national LIHTC developer in multi-million dollar acquisition/rehabilitation and new construction transactions utilizing LIHTC in Minnesota, Tennessee, Colorado and Illinois, among other states.
- Represent several LIHTC developers to acquire affordable housing projects during and after the LIHTC compliance period, whether by out-right acquisition of the project or by acquisition of partner interests, in Tennessee, Illinois, and Florida, among other states.
- Represent multiple bridge lenders monetizing for developers LIHTC and state and federal historic tax credit awards in Pennsylvania, Virginia, Iowa, Missouri, among other states.
- Advise bank source and leverage loan lenders on collateral structures in New Markets Tax Credit deals.
- Advise lenders in distressed LIHTC and historic tax credit projects on their rights and remedies to maximize tax credit value.
- Represent a national bridge lender to close multi-million dollar bridge loans on projects involving Indiana state industrial rehabilitation and CREED tax credits across the State of Indiana.
- Represent a state tax credit equity syndication fund in transactions involving Indiana state tax credits.
- Guide Colorado housing authorities and developers through the process of maximizing tax benefits through the admission of housing authorities as limited partners of the respective project.
- Serve as local counsel for out-of-state developers acquiring and redeveloping tax credit projects in Minnesota.
- Represent developers in complex commercial real estate transactions to maximizes the value of tax-exempt and taxable bond issuances.
Awards
The Best Lawyers in America© Ones to Watch
Real Estate Law, 2022-2025
Tax Law, 2022-2025
Also experienced in
Real Estate Development & Transactions
Creditors’ Remedies, Bankruptcy & Work-Out
Honors & Awards
The Best Lawyers in America© Ones to Watch
Real Estate Law, 2022-2025
Tax Law, 2022-2025
Rising Stars
Minnesota Super Lawyers®, 2013-2024
Associations & Memberships
St. Paul Sunrise Rotary Club
President, 2014-2015
Member, 2011 – Present
Ramsey County Bar Association
Minnesota State Bar Association
Bankruptcy Section