Practice Areas
Banking & Finance
Business Law
Real Estate & Land Use
Education
J.D., Hastings College of the Law, University of California, 1971
B.A., University of Idaho, 1968
Admissions/Memberships
American Bar Association
Idaho State Bar
Supreme Court of the State of Idaho
U.S. District Court for the District of Idaho
Professional Profile
David Lincoln joined Moffatt Thomas as a partner in 2007. Prior to his joining the firm, David was a partner with Batt & Fisher, LLP, a business boutique law firm located in Boise. Mr. Lincoln’s practice focuses on business and banking; business entity formation; business law; real estate transactions, including acquisition, sale, leasing, financing, condominiums, PUDs, and tax free exchanges; foreclosure and asset resale.
Related Experience
· Managed the Sun Valley law office of a previous firm providing legal services for the planning, financing, development and sales of condominium projects and planned unit developments for many developers, including Sun Valley Company, Elkhorn at Sun Valley, Weyyakin, Harry S.Rinker and Dempsey Construction Corporation.
· Represented Cyprus Mines Corporation in its land and mineral rights acquisition and subdivision developments for its molybdenum mine site near Challis, Idaho, which work included numerous IRS Section 1031 tax free exchanges with local land owners and revision to Idaho's ad valorem tax system to permit prepayment of real property taxes to assist local municipalities in funding civic infrastructure commitments for rapid development.
· Represented Capitol City Development company (Boise Urban Renewal Agency), providing services for several commercial condominium projects.
· Representation of commercial lenders have included loan documentation, workout arrangements and foreclosures for First Interstate Bank of Idaho, KeyBank N.A., U.S. Bank N.A., Bank of the Cascades, and for numerous out-of-state lenders services also included project documentation review, loan closings and loan opinions.
· Worked on projects such as industrial revenue bonds, silver backed debentures, a convention center, and hydroelectric cogeneration projects financed by such lenders as Sumitomo Bank, Westinghouse Credit Corporation, John Hancock Mutual Life Insurance Company and Prudential Interfunding Corp.
· Represented many business men and women in real estate investment endeavors, including John Fery (Boise Cascade), Joan Carley (Old Boise retail shops), Rich Hormaechea (Forest River commercial developments on the Boise River), and the Dallas Harris families in connection with the potential development of vast properties on the east end of Boise, adjacent to the Boise River.
· Extensive experience in acquisition and financing of liquor licenses for commercial properties and has issued numerous oil and gas lease title opinions for Standard Oil Company of Ohio on properties in southeastern Idaho.
· Provided real estate and financing advice for many years to Beker Industries for its phosphate mines in southeast Idaho and to Sunshine Mining Company for its silver mining properties in northern Idaho.
· Provided foreclosure and asset resale legal assistance to many large institutional lenders, including State Farm Life Insurance Company in connection with the foreclosure and resale of the Moscow Mall, Transamerica Occidental Life Insurance Company on the foreclosure and resale of the Fairview Square mall in Boise, loan work out services in connection with the Karcher Mall and the Westpark properties, and Credit Suisse with the foreclosure of the Tamarack Resort.
· Legal advice and litigation services have been provided to First American Title Insurance companies in real estate and title insurance areas.
· Represented the owners of the Thrifty Drug Store companies in the acquisition of the Gart Bros. sporting goods stores and PayLess Drug stores in Idaho, and represented a Morgan Stanley created investment entity in its acquisition of the Idaho properties portion of a multi-state loan and commercial property asset spin-off from Bank of America.
· Provided real estate and business legal services to M&W Markets (grocery stores), Assisted Living Centers (assisted living facilities for elderly), and Riverwalk, LLC (Aspen Lofts Condominiums).
Honors
· 1970 - Thurston Society, scholastic honorary organization of the University of California (top 10 percent of graduating class).
· 1971 - The Order of the Coif, national honorary society for graduating law students.
· 1989 - Rated “AV” (highest possible rating) for legal ability and ethics by Martindale‑Hubbell, a nationally recognized attorney rating agency.
· 2002 - American College of Mortgage Attorneys, national honorary organization for distinguished real estate attorneys.
· 2008 - Mountain States Super Lawyers, top five percent of Idaho lawyers based on peer reviews.