Matthew Phillip Kingery

Matthew Kingery devotes his practice to commercial transactions, commercial development, and real property matters with an emphasis on title, acquisitions, sales and financing issues. Mr. Kingery’s commercial transactions experience includes representation of national, regional, and community lenders on commercial loans secured by both real property and other assets. He has handled a variety of commercial transactions involving complex estates and oil, gas and mineral issues. Mr. Kingery’s clients have also included regional developers and property management groups. He has represented multi-family, commercial, mixed-use and mineral projects of all sizes. Mr. Kingery also has experience with landlord-tenant issues; eminent domain and condemnation; common interest communities; servitudes; leasing; planning; zoning and land use; state and local taxation; and construction law. Mr. Kingery’s real property practice includes complex commercial and mineral title, including oversight of title certifications for surface, leasehold, oil and natural gas, and coal estates for individuals and large and small companies in West Virginia. He also assists in litigation affecting title, boundaries, rights of way and other real property interests in state and federal courts.

He has worked on multi-county surface and mineral title projects in due diligence and pre-and post-closing phases of transactions, and is a member of the Energy & Mineral Law Foundation.

Mr. Kingery has served as counsel to owners, developers and community groups in land use matters before local planning and zoning commissions, boards of zoning appeals, and circuit courts.

Mr. Kingery is a 1997 graduate of Marshall University, with a Bachelor of Science in the Psychology of Business and Industry. He graduated from the West Virginia University College of Law in 2000.

He has been recognized for his work in the legal industry and community and has received numerous awards. Mr. Kingery has been selected multiple times in Super Lawyers® in the practice area of real property law. He was named the 2010 West Virginia State Bar Young Lawyer of the Year, honored as a recipient of the 2009 Generation Next 40 Under 40 award by The State Journal, and named a Young Gun by the West Virginia Executive in 2017.

Mr. Kingery’s admissions include West Virginia state courts and the United States District Courts for the Northern and Southern Districts of West Virginia.

Mr. Kingery is an advisor to the University of Charleston School of Business, and serves on multiple committees of the Greater Kanawha Valley Foundation.

His memberships also include the Real Estate, Zoning and Land Use Committee of the West Virginia State Bar, and the West Virginia Bankers Association.

Mr. Kingery is an agent and/or approved attorney for First American Title Insurance Company, Chicago Title Insurance Company, Lawyers Title, and Old Republic National Title Insurance Company.

Mr. Kingery co-authored numerous West Virginia Real Estate Law sections for Thomas Reuters Practical Law in 2017 and 2018 on Finance; Ownership; Leasing; Foreign Investment in Real Estate; Brokerage Laws; and Managing Commercial Real Estate.

Memberships & Affiliations

· West Virginia State Bar, Real Estate Zoning and Land Use Section, Legislative Review Subcommittee

· West Virginia Bar Association, Real Estate Lawyers Division; former Young Lawyers Division Executive Committee Member

· Kanawha County Bar Association

· Charleston Area Medical Center Foundation, Inc., Board of Directors

· Generation Charleston, 2008 Co-Chair and Current Advisor

· Charleston Area Alliance's Young Professionals, former Housing Committee Co-Chair and representative to the West Virginia Housing Development Fund Single Family Housing Committee

· West Virginia Coal Association

· Energy and Mineral Law Foundation

· University of Charleston Graduate School of Business; Advisory Board, Member; Strategic Planning Group, Member

· West Virginia Attorney General, Appointed Special Assistant in March of 2009

· West Virginia Bar Foundation

Distinctions

· Selected for the West Virginia Rising Stars® List

· Recipient of the 2009 Generation Next: 40 Under 40 award by The State Journal

· Recipient of the West Virginia State Bar 2010 Young Lawyer of the Year Award

Experience

Loan Closing and Due Diligence Fortis Capital Corp. and Banco Bilbao Vizcaya Agentaria, S.A. Loan closing and due diligence with respect to wind energy project

Post-Foreclosure Reviews and Closing Services The United States Department of Housing and Urban Development acting through its agent Lawyers Advantage Title Post-foreclosure reviews and closing services

Mineral Quiet Title Actions and Missing Owner Actions Chesapeake Appalachia, LLC Represented an energy company in quiet title and missing owners actions

Loan Closing and Due Diligence Fortis Capital Corp.; Banco Bilbao Vizcaya Agentaria, S.A. Loan closing on $125,000,000.00 loan to finance Phase II of the NedPower Mount Storm Wind Energy Project, multi-faceted review of complex transaction; environmental and real estate due diligence for lenders

Real Estate Acquisition West Virginia Air National Guard Federal Credit Union Land and building acquisition for credit union headquarters

Variance Application City Holding Company Variance application for expansion of banking facility

Wide Range of Full Service Residential Loan Transactions Large Regional Bank Wide range of full service residential loan transactions

REO Services Branch Banking and Trust Company REO services

Residential and Commercial Loan Transactions Huntington National Bank Wide range of full service residential and commercial loan transactions

Line of Credit The Huntington National Bank Line of credit

Commercial Foreclosure Multi-State Bank Commercial foreclosure of apartment building

Commercial Loan Transaction SunTrust Bank Commercial loan transaction

Commercial Construction Loan Multi-State Bank Preparation of documentation for commercial construction loan

Commercial Construction Loan The Huntington National Bank Commercial construction loan for large residential apartment complex project

Commercial Loan with Real Estate Component Aladdin Credit Advisors, L.P. Commercial Loan with Real Estate Component

General Representation City Holding Company General representation including real estate transactions, municipal planning and zoning matters, insurance agency acquisitions, litigation and environmental matters.

Insurance Agency Acquisition City Holding Company Insurance agency acquisition

Conservation Easement Transactions West Virginia Agricultural Land Preservation Authority We provide title examination services throughout West Virginia for the client, with associated title insurance documentation preparation and issuance, as well as document review services.

Full Service Residential Loan Transactions Large Regional Bank Full service residential loan transactions

Publications

August 3, 2010, West Virginia and the Dodd-Frank Wall Street Reform and Consumer Protection Act

November 3, 2008, "The Basics of West Virginia Construction Lien Law," Construction Lending News, Volume 24, Third Quarter

Presentations

September 27, 2010, "Young Professionals Career Forum," Panel Discussion at the University of Charleston

March 30, 2010, "Non-Profit Marketplace: Where Can You Fit Into Your Community," Speaker at Generation Charleston Event

May 16, 2009, West Virginia Hugh O'Brien Youth Leadership Conference - Panel Member, University of Charleston

June 16, 2008, "Generation West Virginia," Speaker at 2008 West Virginia Manufacturer's Association Annual Meeting