Josh’s practice concentrates on commercial real estate and development and real estate finance. A veteran attorney, he has the experience to shepherd projects from conception to completion, including project acquisition, financing (representing lenders and borrowers), commercial leasing and regulatory and administrative approvals.
His practice also includes corporate formation and transactional law. He has advised businesses in creating holding companies, and he has represented firms on both sides of mergers and acquisitions.
Josh has served as lead counsel in hundreds of millions of dollars’ worth of projects, helping developers, owners, and investors secure land needed for hotels, private schools, college housing, retail stores, restaurants and more. He has helped landlords negotiate leases with big-box retailers, banks and hospital systems. He has also represented tenants in shopping center leases throughout South Carolina.
Additionally, Josh has experience in land use and zoning law, helping clients obtain government approvals often necessary before projects can begin. These include easements, rezoning and variances. He also assists clients with utility agreements as well as development agreements with municipalities and other government entities.
Josh is active with community organizations as well, including the Boy Scouts of America. He is a former member of the Winthrop University Real Estate Foundation Board of Directors, and he served on the York County Capital Project Sales and Use Tax Commission, also known as Pennies for Progress Program, as the Rock Hill delegate from 2010 to 2011.
Josh and his wife, Bailey, live in Rock Hill with their son, Henry, and daughter, Sutton.
Admissions
- State of South Carolina
- U.S. District Court, South Carolina
Education
- Furman University, Bachelor of Arts, History, Kappa Alpha Order, Phi Alpha Theta, 2001
- Wake Forest University School of Law, Juris Doctor, 2004
- Moot Court Board and Honor Council Delegate, 2004
- Wake Forest School of Law, Law Faculty Scholar
Associations
- Pathways Community Center Board Member, present
- Assistant Cubmaster for Cub Scout Pack 925, present
- Regional Scout Show Committee Member, BSA, 2006
- Law Merit Badge Instructor/Volunteer, 2007
- Gold Hill Middle School Mock Trial Team Advisor, 2005-2006
- Former HERO: York County Chapter of the American Red Cross, 2005-2007
- Glencairn Gardens’ 50th Anniversary Commemoration Former Committee Member, 2008
- Arts Council of York County Volunteer, 2006-2008
- Kiwanis Club of Rock Hill Board Member, 2006-2009
- York County Capital Project Sales and Use Tax Commission, Rock Hill Delegate, 2010-2011
- Former Winthrop University Real Estate Foundation Board Member, 2014-2018
- South Carolina Bar Real Estate Practice Section Member, 2014-current
- York District National Eagle Scout Association Committee Chair, 2013-current
- Rock Hill School District Foundation Board Member, 2010-2012
- Member of the Executive Board for the Boy Scouts’ Palmetto Council (covering Lancaster, Chester, York, Spartanburg, Union and Cherokee counties)
- ROAR Sports, coach
Honors & Awards
- Best Lawyers in America, Real Estate Law, 2018 to present
- Distinguished Rating, Martindale-Hubbell
- 2015 Legal Award in commercial finance law, Acquisitions International magazine
Representative Engagements
Disclaimer: The following examples are intended only to be representative of Mr. Vann’s practice. These examples are not intended to, and cannot be relied upon, to predict the results in any other case.
Commercial Real Estate & Development
- Acted as lead counsel to various hotel developers in the recent site acquisitions and closings of construction loans for projects in North Carolina and South Carolina, in the approximate construction loan amounts of $16.3 million, $13.5 million, $8.5 million, and $8 million, and in the negotiation and procurement of associated entitlements and franchise agreements with national brands.
- Lead counsel, in association with Florida counsel, to the purchaser in the approximately $5 million acquisition of an apartment complex in Lake Worth, FL, and in the associated master leaseback of the complex by the purchaser to the seller, a substance abuse rehabilitation provider.
- Lead local counsel to a Florida-based developer in the acquisition of contiguous multifamily and industrial parcels in Concord, NC, and in the associated closing of approximately $22 million in development financing.
- Acted as lead counsel to purchaser in the approximately $21 million acquisition of an apartment complex in Fayetteville, NC, as replacement property in a like-kind exchange, and in the associated closing of an acquisition loan with a national life insurance company.
- Lead counsel to purchaser in the approximately $11 million acquisition of an apartment complex in Fayetteville, NC, as replacement property in a like-kind exchange, and in the associated assumption of an existing CMBS loan.
- Lead counsel to German-based auto parts manufacturer in the acquisition of real property adjacent to South Carolina manufacturing facility.
- Lead South Carolina counsel to a REIT in the approximately $200 million sale of a manufacturing facility in the Greenville, SC, area.
- Lead counsel to electronics manufacturer in the approximately $5 million acquisition of a manufacturing facility from an international manufacturer, and in the re-domestication of the client in South Carolina from out of state.
- Lead counsel to seller in the approximately $6 million sale of an upstate South Carolina apartment complex.
- Acted as lead counsel to purchaser/borrower, in association with Georgia-licensed counsel within the firm, in the approximately $10 million acquisition of two student housing complexes in Milledgeville, GA, and in the associated closing of FNMA financing.
- Local counsel, in association with Georgia-licensed counsel within the firm, in the closing a Freddie Mac refinance loan of approximately $12 million secured by an apartment complex in Conyers, GA.
- Lead counsel to seller in the sale of apartment complexes in Anderson and Greenwood, SC, as relinquished property in a deferred like kind exchange; then acted as lead counsel to the client, in its role as purchaser/borrower, along with Texas-licensed counsel within the firm, in the subsequent approximately $25 million acquisition of a 300-unit apartment complex in Killeen, TX, as replacement property in consummation of the like kind exchange, and in the associated closing of $18.6 million FNMA financing.
- Lead counsel to purchaser/borrower in the approximately $11 million acquisition of an apartment complex in Columbia, SC, and in associated closing of acquisition financing.
- Lead counsel to German-based investment group in the $4.5 million sale of single tenant, PetSmart retail location to investor.
- Lead South Carolina title counsel in the approximately $88 million acquisition of an office building complex and associated parking structures in York County, SC.
- In association with other counsel within the firm, acted as lead counsel to purchaser/borrower in the approximately $8 million acquisition of an apartment complex in Athens-Clarke County, GA, in the associated closing of FNMA financing.
- Acted as lead counsel to purchaser in the approximately $8.5 million acquisition of a student housing complex in Georgia, and in the associated closing of FNMA financing.
- Lead counsel to exchanger/purchaser in the $7 million acquisition and associated assumption of existing CMBS loan on an apartment complex in Fayetteville, NC, and in the approximately $1.6 million acquisition of a downtown Bank of America branch in Statesville, NC, both as replacement property in a tax-deferred exchange.
- Lead counsel to borrower in the closing of an approximately $1.3 million supplemental (second lien) Freddie Mac loan secured by an apartment complex in Henry County, GA.
- Lead counsel to seller in the $6.5 million sale of an apartment complex in Richland County, SC.
- Lead counsel to seller in the approximately $5.7 million sale of an apartment complex in York County, SC.
- Counsel to purchaser in the approximately $10 million acquisition of an office building in Columbia, SC, and in the closing of associated acquisition financing.
- Acted as lead counsel to the borrower/purchaser in the approximately $5 million acquisition of a student housing complex in Milledgeville, GA, and in the associated closing of FNMA financing.
- Lead local counsel to the borrower/purchaser in the approximately $13 million refinancing of an apartment complex in Greensboro, NC.
- Represented developer in the closing of approximately $21 million construction loan for the renovation of a downtown area textile mill building and in associated leasing and related issues.
- Acted as lead counsel to borrower in the closing of an approximately $19 million construction loan to fund the construction of a 200-unit apartment complex in York County, SC.
- Lead counsel borrower in site acquisition, entity formation, franchise matters, and in the closing of an approximately $6.375 million hotel construction loan for the construction of a new hotel in York County, SC.
- Lead counsel to a regional investor purchaser/borrower in the acquisition, financing, and disposition of apartment complexes in Raleigh, NC; Lexington, NC; Columbia, SC; and North Charleston, SC.
- Lead counsel to borrower in the closing of an approximately $26 million construction loan to fund the construction of a 200+ unit apartment complex in Greenville County, SC.
- Limited South Carolina counsel to purchaser/borrower in connection with the acquisition of real property in Richland County, SC, and in connection with the closing of an approximately $9.5 million acquisition loan.
- Lead counsel to purchaser/borrower in the approximately $2.8 million acquisition and financing of an apartment complex in Wilson, NC.
- Lead counsel to borrower in the approximately $5 million refinance of a national-flagged hotel in York County, SC.
- Lead counsel to purchaser/borrower in the approximately $3.5 million acquisition and financing of a nationally flagged hotel in Orangeburg, SC.
- Lead counsel to purchaser/borrower in the approximately $1.7 million acquisition and financing of an apartment complex in Summerville, SC.
- Acted as lead counsel to seller in the approximately $1.3 million sale of a convenience store site along Interstate 77 in Chester County, SC, to a national privately-held convenience store operator.
- Lead borrower’s counsel to national surgery center operator in the approximately $3 million refinance of an existing surgical facility in upstate South Carolina.
- Lead counsel to borrower in the closing of an $2.5 million FNMA refinance loan upon an apartment complex in Clemson, SC.
- Lead South Carolina counsel to national automotive repair group in site acquisitions in Summerville and Fort Mill, SC.
- Lead counsel to seller in the $2.3 million sale of upstate Howard Johnson franchise hotel location as a part of a like-kind exchange.
- Lead counsel to borrower in the closing of $8.7 million hotel construction loan and in the procurement of associated easement agreements and/or amendments to easements necessary for the development of the hotel project.
- Lead counsel to purchaser/borrower in the $14.75 million acquisition of a student housing apartment complex in Pembroke, NC, and in the associated closing of an FNMA acquisition loan.
- Lead counsel to seller in the $8.3 million sale of apartment complex in Gastonia, NC.
- Lead counsel to seller in the approximately $1.6 million sale of mini-storage site in Fort Mill, SC, in the procurement of a private easement from numerous adjacent landowners for the extension of sanitary sewer service to the property, and in the dedication to York County of an existing sanitary sewer line.
- Represented national apartment investment group in the approximately $5 million acquisition of an apartment complex along I-26, in Columbia, SC, and in the closing of associated acquisition financing.
- Lead counsel to the purchaser in the approximately $4 million acquisition of a 50 unit condominium complex in New Smyrna Beach, FL, and in the associated closing of acquisition financing.
- South Carolina counsel to a Boston-based purchaser in the approximately $7.5 million acquisition of a nationally anchored shopping center in the Rock Hill, SC, area, and in the associated closing of acquisition financing.
- Acted as developer’s counsel in the development of a mini-storage facility and associated outparcels, in the sale of excess land to neighboring developer and in the negotiation of certain reciprocal easements, and in the closing of an approximately $6 million construction loan to fund completion of the storage facility.
- Lead counsel to buyer in the acquisition of tax credit, subsidized housing apartment projects located in Rockingham County and Wilson County, NC, and in the associated closing of acquisition financing.
- Local, South Carolina counsel to purchaser in the approximately $3.1 billion acquisition of a multi-state, 200 plus site, industrial property REIT portfolio (with the South Carolina sites having an approximate value of $70 million).
- Represented investor in the approximately $5.7 million acquisition of student housing complex and associated developed building pads in the Clemson, SC, area from REO lender in possession.
- Acted as lead counsel (with assistance from NC licensed counsel within the firm) with respect to the $10 million acquisition of a student housing apartment complex in Pembroke, NC, adjacent to UNC Pembroke, and in the associated closing of a $7.2 million CMBS acquisition loan.
- Represented developer in acquiring, by LLC membership interest acquisition, a parcel of land on Main Street in Rock Hill from City of Rock Hill economic development entity and in closing of approximately $3 million construction loan for the redevelopment of the property as downtown loft apartments.
- Representing seller in the pending $6.5 million sale of a .5 acre parcel of raw land in downtown Charleston, SC.
- Represented apartment developer in the approximately $2.6 million acquisition from national apartment developer of an approximately 20 acre parcel of raw land in Greer, SC, fully entitled for the development of an apartment complex.
- Represented purchaser in the approximately $7.2 million prospective acquisition of a student housing complex near Clemson University (deal terminated on account of unsatisfactory due diligence results).
- Represented seller in the sale of a single tenant, net leased industrial facility in Chester County, SC, under lease to international manufacturer.
- Represented purchaser in the acquisition of two existing buildings on Main Street in downtown Rock Hill, SC.
- Represented purchasers in numerous acquisitions of national single tenant, net leased investment properties around South Carolina (under lease to national restaurant or retail chains).
- Acted as counsel to national early childhood school franchisor with respect to the acquisition of multiple school locations around South Carolina, and, after the assignment of the deals by the franchisor to the site’s franchisee, to the franchisee in connection with the acquisition of the site and construction financing.
- Acted as lead counsel and lead outside counsel to the borrower/developer in connection with the franchising and construction of two new premium flag hotels in or near Rock Hill, SC.
- Acted as South Carolina counsel to national apartment investment firm in the closing of a $5 million+ CMBS loan secured by apartment complex in Florence, SC.
- In association with North Carolina licensed co-counsel, acted as lead counsel to buyer in the acquisition of Greenville, NC, apartment complex from national apartment investment firm.
- In association with North Carolina licensed co-counsel, acted as counsel to borrower in the refinancing of Salisbury, NC, apartment complex and in the associated take-out of LLC members.
- Borrower’s counsel in hotel loan workout with national lender and in the associated closing of refinance takeout loan.
- In association with Florida licensed co-counsel, acted as lead counsel to buyer in the acquisition from REO of Fort Myers, FL, area apartment project.
- Represented charter school in approximately $35 million acquisition of school campus from landlord as a part of the issuance of SC JEDA bonds.
- Acted as local counsel to national retirement center operator in real property acquisition and in subsequent closing of approximately $40 million construction loan.
- Counsel to developer in development and financing of Sam’s and Academy Sports anchored shopping center.
- Counsel to seller in sale of Kohl’s and Hobby Lobby anchored shopping center.
- Counsel to buyer in acquisition of WalMart Shadow Center in Marion, SC.
- Counsel to seller in sale to national builder of raw land in Berkeley County, SC.
- South Carolina counsel to national apartment investor in the acquisition, financing, and refinancing of apartment complexes in Richland County and in Florence County, SC.
- Counsel to owner in acquisition and closing of construction loan for nationally flagged hotels.
- Counsel to developer in acquisition of apartment complex and in subsequent conversion of apartment complex to a condominium regime.
- Acted as South Carolina title counsel to national paper company in $1 billion debtor in possession financing secured by South Carolina manufacturing facility and timber lands.
- Counsel to developer in development of medical/professional office park.
- Counsel to purchaser/borrower in acquisition from REO of large near-campus apartment projects.
- Borrower’s counsel in numerous apartment project refinancings through FNMA backed loans.
- Acted as counsel to borrower in numerous loan closings involving conduit/CMBS loans and other nonrecourse loans made by life insurers.
- Represented seller in packaged disposition of three apartment complexes financed with USDA’s Office of Rural Development and with the associated approval of the sale by the Office of Rural Development.
Business & Corporate
- Acted as lead counsel to the seller in the approximately $14 million asset-based sale of a portfolio of 5 convenience stores in the upstate of South Carolina to a national convenience store operator, in the associated sale of certain of the physical locations, and in the leasing to the operator of the remaining locations.
- Acted as South Carolina counsel to seller in the approximately $25 million sale of a portfolio of full service car washes located in South Carolina and Georgia to a national car wash operator.
- Lead counsel to seller in the approximately $5 million asset sale by a franchisee to its national franchisor for numerous oil change, lube, and tire locations in North Carolina and South Carolina, and in the associated leasing by the franchisor of the business locations from a real estate holding company owned by the franchisee/seller.
- Represented member in the $1.7 million sale of its membership interests in a limited liability company engaged in the ownership and operation of apartment complexes.
- Represented estate of deceased franchisee in the sale of national franchised restaurant location assets in Columbia, SC, to the franchisor.
- Represented manufacturer in formation of holding company and in subsequent statutory merger of held companies into parent holding company.
- Represented regional engineering firm in being acquired by asset sale by national engineering firm.
- Represented regional distributor in acquisition by IRC Type C Reorganization of competitor distributor in North Carolina.
- Represented national fitness equipment manufacturer and distributor in various business acquisitions, in employment matters, and in the preparation of international manufacturing/supply agreements and distribution agreements.
Healthcare
- Represented ENT practice based in York, Chester, and Lancaster counties in sale of practice assets to Charlotte-based, regional ENT practice, in the associated admission of South Carolina physicians into North Carolina practice and real estate holding company, and in the negotiation of physician employment agreements for SC physicians with NC practice.
- Represented large area healthcare practice in restructuring of practice.
- Represented area pulmonary practice in exit of senior physician, in associated refinancing, in admission of new physician, and in the preparation of new shareholders and employment agreements.
- Represented numerous dentists in dental practice acquisitions around the State of South Carolina.
- Represented physicians around the State of South Carolina in practice buy-ins.
- Represented regional medical practice in merger by asset sale with regional Charlotte-based medical practice.
Commercial Leasing
- Acted as lead counsel to tenant/franchisee in the negotiation of a shopping center outparcel ground lease for shopping center on Concord Mills Boulevard, in Concord, NC.
- Lead counsel to landlord in single tenant lease with national franchisee restaurant tenant in Rock Hill, SC.
- Acted as lead counsel to Landlord in numerous restaurant, retail, and fitness leases with national franchisees for shopping centers located in and around Rock Hill, SC.
- Represented landlord in ground lease transaction with national restaurant chain franchisee.
- Represented landlord in numerous shopping center leases with national restaurant chain franchisees.
- Represented landlord in ground lease transaction with national bank.
- Represented landlord in ground lease transaction with big box sports retailer.
- Represented retailer tenants in shopping center lease transactions around South Carolina.
- Represented landlord in lease transaction with regional hospital system.
Finance & Lending
- Acted as lead counsel to lender in the modification of existing credit facilities to a national data services vendor and in the preparation and negotiation of a subordination and intercreditor agreement between the lender and junior creditors also providing financing to the borrower.
- Lead counsel to Arkansas-based lender in the closing of modified development loans for projects in North Carolina and South Carolina in the approximate amounts of $9 million and $9.25 million.
- Acted as lead counsel to Arkansas-based lender in the closing of a builder line of credit, to fund home construction of projects in North Carolina and South Carolina by a Florida-based homebuilder, in the approximate amount of $22.175 million.
- Lead counsel to national lender in the closing of an acquisition loan in the approximate amount of $1.3 million to fund the borrower’s acquisition of a shopping center located in Mecklenburg County, NC.
- Lead counsel to Arkansas-based lender in the issuance of letters of credit to Lancaster County to secure the borrower’s completion of certain bonded residential subdivision infrastructure.
- Represented bank in the making of asset-based acquisition loans totaling $13 million to enable borrower to acquire an Ohio-based competitor and its subsidiaries.
- Represented regional lender in the making of $15 million loan to investment portfolio owner.
- Acted as counsel to national lender in approximately $1.2 million refinance of Lancaster County Manufacturing facility.
- Counsel to national lender in approximately $4 million acquisition and construction financing of York County self-storage facility.
- Provided lender’s counsel to regional lender in Anderson County, SC, apartment complex acquisition loan.
- Provider lender’s counsel to regional lender in association with the closing of a construction loan for the construction of a five story office building.
- Provided lender’s counsel to regional lender in association with the closing of construction loan for steel production facility in Chester County, SC.
- Provided lender’s counsel to regional lender in association with the closing of a refinance on convenience stores in the upstate of South Carolina.
- Provided lender’s counsel to national bank in association with the closing of refinance loans on multiple manufacturing facilities in Lancaster County, SC.