Joseph M. Fazio

Principal; Chair, Managing Directors

fazio@millercanfield.com

Ann Arbor
T: +1.734.668.7633
O: +1.734.663.2445
F: +1.734.747.7147

When it comes to commercial real estate matters, Joseph M. Fazio’s No. 1 goal is to “close the deal.” No matter how complex, his emphasis is on keeping the parties engaged and focused on the issues that need to be resolved for the transaction to come to a successful conclusion. Joe’s specific areas of expertise include complex commercial real estate acquisitions and developments, with extensive experience in ground leasing, entity formation, public/private development agreements, as well as conventional, securitized and tax-increment financing.

“The legal aspects of a real estate transaction are often a distraction to most clients. So I focus on making sure the deal structure maximizes the client’s goals and is completed with all due speed.”
Joseph M. Fazio

Experience

Joe helped a client obtain approval of a site plan for a 10-story student housing project in the face of significant community opposition. In a stunning reversal of fortune, the City Council unanimously approved the project after it had been unanimously rejected by the City Planning Commission.

In another matter, Joe crafted a plan for a regional shopping center anchored by a national retailer. The complex transaction involved the simultaneous closing on approximately 11 distinct parcels of land, a sale of a significant portion of the assembled land to a third-party national retailer, closing on a significant tax increment financed special assessment district to fund infrastructure costs, the leasing of approximately 70 percent of the project to be built on the client-retained land, and closing a construction loan.

“We structured the deal so as to require very little initial capital investment by our client, thus significantly leveraging the project. As a result, our client obtained ownership of approximately half of the parcels assembled at no cost.”

Professional Activities

American Bar Association
State Bar of Michigan, 1985, Real Property Law Section
Washtenaw County Bar Association

Honors + Awards

Best Lawyers in America, Real Estate Law 2005-present; Litigation-Real Estate 2012
Michigan Super Lawyers, Real Estate 2006-present
Chambers USA: America's Leading Lawyers for Business, Real Estate, 2008-present
DBusiness Magazine, Top Lawyers, Real Estate 2011

Civic, Cultural + Social Activities

Legacy Land Conservancy, Board of Trustees, 2010-present
Ann Arbor Art Center, Chairman of the Board, 2005-2007; Vice President, 2004; Board Member, 2000-2006
Ann Arbor Area Convention and Visitors Bureau, Chairman of the Board of Directors, 2002-2003
Leadership Ann Arbor, Graduate

Speeches

"Tax Increment Financing and the Public Private Real Estate Project –A Practical Analysis," University of Michigan Law School, Real Estate Society Presentation 2/10/09

"Improved Real Estate Due Diligence, including Lease and Financing Issues," Miller Canfield University, October 2004

"The Mechanics of Commercial Development from Start to Finish: Part I - Pre-purchase, Due Diligence, Acquisition of Land and Purchase Agreements," sponsored by the Real Property Law Section of the State Bar of Michigan, 2002

"Building the Three-Legal Table--Lender, Borrower and Tenant Issues in the Current Commercial Real State Market," sponsored by the Real Property Law Section of the State Bar of Michigan, 1999

Annual real estate symposiums titled “Recent Trends & Issues in Commercial Leasing” (1993); “Commercial Leasing and Use of Forms–A Double-edge Sword” (1994); “Ground Leasing and Sale/Lease--back Transaction–An Alternative for Real Estate Development and Financing” (1995); “The Loan Application/Commitment Process: an Agreement to Fund” (1996); and “Multiple Parcel Acquisitions and the Use of Escrows” (1997); sponsored by Maddin, Hauser, Wartell, Roth, Heller & Pesses, P.C., and presented for clients, prospective clients, brokers, and others in the real estate industry.

“Analysis and Negotiation of Commercial Leases on Behalf of Tenants,” sponsored by the Michigan Association of Certified Public Accountants, 1995, 1996, and 1997

“Small Business Borrowing,” sponsored by the Livonia Chamber of Commerce, 1997

“Michigan Commercial Real Estate Transactions,” sponsored by Professional Education Systems, Inc. (consisting of full-day seminar and significant set of materials and handouts), 1997

Service Areas

Education

Bar Admissions

Court Admissions