Practice areas: Real Estate, Business & Corporate, Land Use & Zoning
Licensed in West Virginia since: 2000
Education: West Virginia University College of Law
Selected to Super Lawyers: 2018 - 2019, 2026 
Selected to Rising Stars: 2009, 2011 - 2015 Lewis Gianola PLLC
300 Summers StreetSuite 700
Charleston, WV 25301 Phone: 304-345-2000 Email: Matthew P. Kingery Visit website
Details 
Matt Kingery is a member with Lewis Gianola PLLC. Matt’s practice primarily focuses on the representation of national and regional lending institutions in all aspects of commercial lending, including construction loans, asset based loans, and low income housing loans. Matt counsels lenders on an array of distressed loan questions, including workouts and restructuring issues, receiverships, foreclosure proceedings and REO portfolio matters. Matt also utilizes both his thorough understanding of real estate law and prior litigation experience to counsel clients on corrective title actions. Matt has extensive experience counseling clients on a wide range of real estate development matters, title issues involving complex estates and oil, gas and mineral questions, and is also a licensed title insurance agent.
First Admitted: 2000, West Virginia
Professional Webpage: https://lewisgianola.com/attorneys/206
Bar / Professional Activity
- Spoke at the 2021 West Virginia State Bar Association Real Estate Conference., 2021
- Admitted to practice before the West Virginia Supreme Court of Appeals and the U.S. District Court for the Southern District of West Virginia
Transactions
- Provided legal services for land and building acquisition for credit union headquarters
- Draft an intercreditor agreement for construction lender with WVEDA and USEDA., 2024
- Counseled business client with respect to multiple multi-million dollar construction contracts., 2022
- Assisted lender client with financing of marina acquisition valued at $7MM+., 2022
- Advised a regional bank's special assets department on a variety of issues., 2024
- Successfully obtained rezoning of commercial property for development in Charleston, West Virginia., 2022
- I assisted Ohio Valley Bank and WesBanco on a loan participation for the purchase of numerous townhome properties in Putnam County, West Virginia ($9.2 million deal)., 2022
- Served as local counsel on the purchase of multiple parcels leased by national pharmacy and retail establishments., 2021
- Served as local counsel on the acquisition and development of a commercial property for a national retail establishment., 2021
- New Market Tax Credit deal for Community Action Council., 2014
- Served as counsel to developer EAB DMM LLC, in the permanent financing for the development of a 241-unit multifamily project valued at approximately $32 million. He advised the client at every step of the transaction, including securing a non-recourse real estate loan coupled with a mezzanine loan in the total loan amount of $27.2.
- Loan closing on $125,000,000.00 loan to finance a wind energy project; multi-faceted review of complex transaction; environmental and real estate due diligence for lenders
- Acted as purchaser’s counsel on the negotiations for the $11MM purchase of a site for the development of a new manufacturing facility.
- Loan document preparation for $12MM line of credit for bank customer's working capital needs
- Commercial construction loan documentation preparation with title and closing services, including title insurance issuance, for large residential apartment complex project. This project involved complex access issues resolved to the satisfaction of all parties, 2021
- Successful variance application processing, following denial of conditional use application processed by different counsel, allowing for the expansion of an extremely productive banking facility
- Assisted leading energy company with due diligence project for wind farm development., 2014
- Assisted a significant start-up with the acquisition of land for a new manufacturing and research facility, as well as with the associated company formations (domestic and off shore) and operative documents, and related financing issues, 2016
- Supervised title examination services throughout West Virginia, with associated title insurance documentation preparation and issuance, as well as document review services for conservation easement beneficiary client, 2020
- Acted as developer’s counsel on a large wind power project.
- Insurance agency acquisition with preparation of all related agreements and documentation, including a comprehensive asset purchase agreement, lease agreement and employment agreements
- Commercial foreclosure of apartment building with associated post-foreclosure legal issues related to ownership of building
- Assisted regional lender with syndication deal., 2014
- Assisted major consumer products manufacturer with the real estate and financing issues associated with a new manufacturing plant, 2016
- Residential and commercial loan transactions., 2024
- Acted as borrower’s counsel on a $50 million non-recourse real estate loan secured by a the second phase of a 500+ unit multi-family project.
Special Licenses / Certifications
- West Virginia licensed title insurance agent, 2022
Pro bono / Community Service
- Member of Generation Charleston's Advisory Board. This board includes several noted local and statewide leaders
- Member, University of Charleston Graduate School of Business Strategic Planning Group, 2022
- Generally assisting Legal Aid of West Virginia with its flood disaster recovery project. http://www.dinsmore.com/compliance-is-crucial-on-the-road-to-rebuilding-09-21-2016/, 2016
- Co-chair of Generation Charleston, Charleston, West Virginia's largest young professionals' group, from October of 2007 through December 31, 2008. This role involved several hundred hours of volunteer work creating opportunities for professional development, community involvement and social networking for Charleston's young working people
- Charleston Area Medical Center Foundation Board of Directors (2010-2015); 2010 Gala Fundraising Co-Chair; 2013-2014 Appropriations Committee Chair
- Member of The Greater Kanawha Valley Foundation Health Task Force and Distribution Committee, 2022
- Member, University of Charleston Graduate School of Business Advisory Committee, 2024
- Assisted Good News Mountaineer Garage with the financing and purchase of real estate for the construction of a new office., 2012
Educational Background
- B.A., Marshall University (magna cum laude, Gamma Beta Phi, Psi Chi, 1997); J.D., West Virginia University College of Law (Class President, West Virginia State Bar Scholarship, 2000)
Scholarly Lectures / Writings
- Summarizes the impact of the COVID pandemic on commercial real estate in West Virginia, and predicts the state of the industry over the passage of time. , Author, Commercial Real Estate Will Recover, WV Banker Magazine, Banking, 2020
- I spoke about special title considerations associated with common interest communities in West Virginia., Speaker, West Virginia Bar Association 2021 Real Estate Conference, West Virginia Bar Association, Real Estate Law, 2021
- This article summarizes the history and then current status of certain COVID stimulus programs., Author, PPP Round Two and Beyond, WV Banker Magazine, Banking, Business, 2021
- This article focused on the obligations of PPP and EIDL borrowers engaging in strategic transactions (e.g. sale of business assets, mergers, etc.)., Author, Strategic Transactions with Outstanding PPP loan and EIDL Obligations, WV Banker Magazine, Banking, Business, 2021
- This article takes a look at West Virginia commercial real estate., Author, The Effects of Coronavirus on Commercial Real Estate in West Virginia, WV Executive Magazine, Business, 2020
- Co-Author, article titled "The Basics of West Virginia Construction Lien Law" for volume 24 (third quarter 2008) of Construction Lending News , Co-Author, The Basics of West Virginia Construction Lien Law, Construction Lending News, Construction, Real Estate, 2008
- Summaries of six major real estate law topics for Practical Law Magazine: 1) Managing Commercial Real Estate Leases in West Virginia; 2) Real Estate Brokerage Laws and Customs in West Virginia; 3) Foreign Investment in Real Estate in West Virginia; 4) Real Estate Ownership in West Virginia; 5) Real Estate Leasing in West Virginia; and 6) Real Estate Finance in West Virginia., Author, West Virginia Real Estate Law Summaries, Practical Law, 2015
Other Outstanding Achievements
- Presentation at the 2008 West Virginia Manufacturer's Association Annual Meeting regarding West Virginia's young professional organizations
Honors
- Recognized by Best Lawyers in four distinct categories of law., Best Lawyers, Best Lawyers, 2023
- Honored in November of 2008 for service as co-chairman of Generation Charleston, Charleston, West Virginia's largest young professionals' group
- Recipient of the 2009 Generation Next: 40 Under 40 award by The State Journal
- Recipient of the West Virginia State Bar Scholarship
- 2010 WV State Bar Young Lawyer of the Year
- West Virginia Rising Stars 2009
- Peer Review Rated AV and Client Review Rated Gold Client Champion in Martindale-Hubbell, Martindale-Hubbell, 2023
Industry Groups
- Energy And Mineral Law Foundation
- Mortgage Bankers Association
- Real Estate Division Of The West Virginia State Bar Association
- Real Estate Zoning And Land Use Section Of The West Virginia State Bar
Office location for Matthew P. Kingery
300 Summers Street
Suite 700
Charleston, WV 25301
Selections
3 Years Super Lawyers
6 Years Rising Stars
- Super Lawyers: 2018 - 2019, 2026
- Rising Stars: 2009, 2011 - 2015