Law Office of Mark Foster

Experience and Background

Mark D. Foster

• Principal of the firm and a tax credit lawyer since 1993.
• Works exclusively on tax credit transactions involving Low‑Income Housing Tax Credits, Historic Rehabilitation Tax Credits and New Markets Tax Credits.
• Has worked on over 500 tax credit transactions in more than 45 states.
• Prior experience (1983–1993) as a commercial banking attorney representing major Texas financial institutions in their commercial and real estate lending.
• Holds a Masters in Tax Law degree.
• Experience working with state housing and development agencies across the United States, providing perspective in project development and in resolving issues that can arise during the life of a project.

Regardless of a client's size or experience level with tax credits, the firm focuses on helping ensure that projects are timely developed, with appropriate negotiation of loan and equity documents, and that they meet applicable tax and statutory requirements.

Katherine Gregory

• Attorney working with Mark on non‑tax aspects of transactions.
• More than 30 years of legal practice experience.
• Focuses on loan documentation and real estate issues within tax credit transactions.

Debbie Anderson

• Paralegal supporting Mark and Katherine on tax credit transactions.

Clients

The firm represents developers, multi‑investor funds and other investors involved in tax credit projects across the United States.

New Markets Tax Credits (NMTCs)

• Involved in NMTC transactions since the program's inception in 2000.
• Closed more than 300 NMTC projects involving over $2 billion of Qualified Equity Investments (QEIs).
• Experience with both Federal and State NMTCs in more than five states, including deals requiring stacked structures.
• Transactions often layered with other programs such as Opportunity Zones, PACE, USDA programs, tax‑exempt bonds and Historic Tax Credits.
• Representation of multiple Community Development Entities (CDEs) that together have received about $1.5 billion in NMTC allocation.
• Representation of Qualified Active Low-Income Community Businesses (QALICBs) in several states.
• Work includes all phases of NMTC transactions, including:
• Entity formation
• Transaction structuring
• Negotiation and documentation of investor and CDE investments
• Drafting and negotiation of loans to projects

Low-Income Housing Tax Credits (LIHTC)

• Representation of developers and approximately twenty multi‑investor funds.
• Experience with about 400 LIHTC transactions nationwide.
• Guidance across the full LIHTC life cycle, including:
• Land acquisition
• Organization of owner and developer entities
• Applications for tax credits
• Negotiation with tax credit investors
• Structuring to meet LIHTC requirements
• Negotiation of construction and permanent loans
• Real estate issues, including construction contracts, title and survey matters, and land issues affecting construction
• Post‑construction matters such as leasing, ongoing reporting and statutory compliance.

Historic Rehabilitation Tax Credits (HTC)

• Experience with Historic Tax Credit transactions in Texas and other states.
• Projects often combine HTCs with LIHTC and NMTCs to maximize project equity, and also include HTC‑only deals.
• Experience with both Federal and State HTCs.
• Representation of investors and developers through all stages of HTC transactions, including:
• Preparation of legal documents required by the National Park Service
• Guidance on transaction structuring (e.g., lease pass‑through structures versus single‑entity structures)
• Assistance with local historic authorities
• Negotiation of loan and investment documentation
• Real estate guidance, including construction contracts, title and survey issues, and land issues affecting construction of the historic property.

Types of Projects and Parties Represented

• Representation of both for‑profit and nonprofit parties.
• Projects include a broad range of facilities such as:
• Manufacturing facilities
• Multi‑use facilities
• Equipment‑only collateral transactions
• Unsecured operating business loans.

For details on whether a specific project or structure is within the firm's practice, please contact the office directly.

Office Address

Law Office of Mark Foster 5925 Forest Lane, Suite 510 Dallas, Texas 75230

Office Hours

The website does not publish specific office hours. Please call or email the firm to confirm availability or to schedule a time to discuss your tax credit matter.

Lists Pace, Dallas, Anderson, Elko, and Opportunity as a location. Names Texas and United States as a service area. Areas beyond these are not published.

Ask anyway — the agent will say plainly that it is not published rather than guess.