
Practice Areas
Education
Southern Methodist University, B.A., 1970
Southern Methodist University, M.L.A., 1973
University of Texas, J.J., 1977
Admissions and Affiliations
State Bar of New Mexico
District of Columbia Bar
Summary
Ms. Appleby joined Rich, Rosenthal, Manitta, Dzubin & Kroeger in September of 2009 as Of Counsel.
She is listed in The International Who's Who of Real Estate Lawyers and in Chambers USA America's Leading Lawyers for Business. Chambers notes that "very few lawyers know finance as well as Appleby does, very few know real estate as well as she does . . . [S]he really is at the top of the top."
Ms. Appleby's primary areas of practice include real estate and mortgage law, construction and permanent lending for commercial projects, banking, title insurance, entitlements and proffers, government-guaranteed loan programs, acquisitions and sales, commercial and retail leasing, ground leasing, easements, land use covenants conditions and restrictions, joint use agreements, negotiating contracts, litigation and dispute resolution and regulatory and agency matters. In addition to real estate, her extensive experience includes representation of lenders, contractors, real estate and energy developers, vendors, telecommunication companies, and other business clients. Her representative projects include:
- hotel development, construction and permanent financings;
- sales and refinancing of hotels and destination resort projects;
- development, construction and permanent financing of golf course projects;
- development of energy projects;
- development, construction and permanent financing of shopping center, commercial, retail and office properties; RV park/ gas station/ convenience store projects, public and government complexes and schools;
- negotiation of, and dispute resolution related to, design-build contracts;
- representation of equity and debt financing for pari-mutual and racing facilities and casino;
- development and construction financing for single- and multi-family housing projects;
- negotiation, documentation and due diligence for commercial loans and business lines of credit (lender and developer issues);
- opinions counsel for commercial and securitized financings;
- negotiation, documentation and due diligence for acquisition of business, land and build-to-suit projects (lender and developer issues);
- negotiation of contracts, ground leases, commercial and retail leases and management agreements;
- negotiation of workouts and refinancing of distressed properties;
- negotiation, documentation and due diligence related to issues specific to project development and finance on tribal land, including traditional and renewable energy, telecommunications, mining, commercial, retail, housing, title insurance, special licensing;
- development and construction for multifamily housing projects financed with MBS- backed bonds;
- development and construction of low income tax credit housing projects;
- commenting on proposed regulations;
- negotiation of, and resolution of disputes related to, licenses and easements on tribal and private land;
- negotiation of leases, easements, licenses and land use agreements for state trust lands;
- foreclosures and workouts ;
- commercial litigation related to commercial and ground leasing, contracts, debt collection and real estate;
- Mediation and arbitration of disputes.
Ms. Appleby is a frequent speaker at, and author for, real property conferences and symposia. She chaired various substantive and standing committees for the American Bar Association Section of Real Property, Trust and Estate Law and served two terms on the Section’s governing Council. She also is a Fellow in the American College of Mortgage Attorneys, one of fewer than 500 attorneys selected for membership in the college by their peers for their expertise in real estate and mortgage lending. Ms. Appleby also serves as a Regent of the College.
Ms. Appleby has achieved the highest Martindale-Hubbell rating.
Memberships
Current
American Bar Association
American College of Mortgage Attorneys Fellow
American Land and Title Association
Chambers USA- America's Leading Lawyers for Busimess- Federal Indian Law
The International Who's Who of Business Lawyers
D.C. Super Lawyers
Recent Speeches and Publications
"Commercial Real Estate Purchase and Sale Agreements,” ABA Section of Real Property, Trust and Estate Law Continuing Legal Education Webinar (October, 2007)
“Commercial Real Estate Purchase and Sale Agreements,” 2007 ABA Section of Real Property, Trust and Estate Law Spring Symposium Young Lawyers’ Institute (May, 2007)
“Accessing Capital: Opportunities and Challenges," 19th Annual National Reservation Economic Summit & American Indian Business Trade, Las Vegas, NV (February, 2005)
"Choosing a Business Structure," Law Seminars International, Tribal Energy Southwest, Las Vegas, NV (April, 2005)
ABA Section of Real Property, Probate and Trust Law Spring Symposia, Chicago, IL (April, 2005)
"Developing Projects in Indian Country: Unique Issues," 2005 American College of Mortgage Attorneys Annual Meeting, Las Vegas, NV (October, 2005)
New Mexico Real Property Institute: Hot Topics in Real Estate, Albuquerque, NM (December, 2005)