Benjamin C. Rosen
Mr. Rosen is a licensed U.S. attorney admitted to practice in Washington (1996) and Mexico (2010). Ben’s practice focuses on real estate law and development, resort & hospitality law, corporate, finance and cross-border transactions. Since settling in Mexico in 1997, Ben—a dual citizen of the United States and Mexico—has served as a bridge linking businesses, investors and entrepreneurs from one country to the other. Ben now shares time between Rosen Law’s offices in Los Cabos and San Diego and regularly visits the firm’s new office in Playa del Carmen, Quintana Roo (Riviera Maya).
Since arriving in Los Cabos in 2005, Ben has counseled foreign investors and lenders in transactions representing more than a combined US$550 million in Mexican real estate and related assets.
Ben has served as lead Mexican counsel for:
- A joint venture between Mexican and US partners, including structuring and forming a trust to acquire and develop what will become Accor’s first “Sofitel So” in Latin America, based in Los Cabos (2015-present).
- Diamond Resorts International® a publicly traded company (DRII) and one of the world’s largest timeshare companies, in acquiring out of Chapter 11 bankruptcy a 350 key, resort in Los Cabos valued at US$200 million, along with eight other US-based resorts (2012) and the subsequent acquisition and turnaround of the resort management business (2013).
- DRII in the negotiation and drafting of multiple Los Cabos based resort construction contracts for an aggregate value of more than US$30 million (2013-16).
- a Swiss fund in negotiating, structuring, documenting and closing the non-judicial foreclosure of the Trump Tower site in Tijuana, Baja California, held in a guaranty trust, as well as the subsequent sale of the asset (2012-16).
- Solage Hotels & Resorts (previously an Auberge Resorts affiliate) in negotiating, documenting and conducting due diligence on the potential acquisition of a five-star boutique hotel in the Riviera Maya and the structuring and negotiation of a hotel management agreement for a new hotel under construction in Chileno Bay, Los Cabos (2012-14)
- The Yellowstone Club and ex-owner Tim Blixseth in the US$45 million acquisition of the Tamarindo Resort, a five-star Luxury Collection® resort in Mexico’s Costalegre, Jalisco (2006) as well as the sale of the same years later (2011).
- Snell Real Estate founder Chris Snell and partners in the acquisition and pre-development of high-end real estate projects in Los Cabos and La Paz (2005-16).
- a US developer in acquiring land and negotiating, structuring and documenting a joint venture to expand the existing Cabo Villas Resort (Los Cabos) and convert it into a high-end timeshare property under the flag, “Corazon del Cabo” (2013-16).
- a US-based resort developer and investor group in negotiating, documenting and acquiring beachfront land in the Riviera Maya subject to an ongoing judicial foreclosure proceeding and manage and settle foreclosure process, successfully turning around the project (2011-present).
- Del Mar Development in re-financing senior debt and pursuing new, exclusive residential and resort acquisition and development opportunities in Los Cabos (2007-10).
- “El Careyes” resort developer in drafting and structuring the consumer documentation and condominium declaration for an approximately US$50 million vertical and horizontal construction project and master plan reconfiguration (2015-present).
- A high net worth public figure in acquiring US$40 million in residential real estate in El Dorado Golf & Beach Club and Chileno Bay Club, in Los Cabos (2013-present).
- a North Carolina hotel developer and operator in the acquisition (2006-07) and subsequent sale of the Rancho Buena Vista Hotel and related beachfront land in Los Cabos (2010).
- a resort operations and timeshare sales and marketing firm, in negotiating and documenting resort sub-management and timeshare sales and marketing agreements for multiple Wyndham Worldwide® resorts (2014).
- A Southern California developer in the acquisition, restructuring, and turning around of resort condominium project in San Felipe, Baja California and the subsequent drafting and structuring of the condominium and consumer documentation (2008-present).
- A Tijuana/San Diego joint venture in structuring a development and guaranty trust to serve as the vehicle for the financing and development of large scale, mixed use real estate project (2015-present).
- A US development group in corporate structuring and consumer documents for a beachfront condominium development in CapCana, Dominican Republic (2014).
Ben is an active leader of the American Bar Association (ABA) Section of International Law, where he is a Division Chair, Co-Chair Cross-Border Real Estate Committee, is immediate past Chair of the Mexico Committee, and Senior Advisor to the San Diego-Tijuana City Chapter.
From 1997-2004, Ben was also an adjunct law professor at the Universidad de la Americas (UDLA) School of Law in Mexico City. In 2001, Ben co-founded the international business and project development firm, AmeriCompass, based in Mexico City. From 1999-2001, Ben served as General Counsel and Manager, Mexico City, of a Canadian-owned international business consulting group, and from 1997-1999, Ben was a foreign law associate at Goodrich, Riquelme in Mexico City.
In the summer 2011, Ben was visiting Professor of Law at Seattle University School of Law where he taught a course entitled “US-Mexico Cross Border Transactions”.
Ben is a frequent speaker, lecturer and commentator on Mexican legal and international business matters, having spoken at more than 35 conferences, seminars and continuing legal education programs in Mexico, the United States and Canada.
In 2014, Ben authored the Mexico chapter of the Real Estate Law Review. In 2012 and 2013 Mr. Rosen was editor of various chapters of the “Year and Review” (YIR) published by the International Section of the ABA. Ben has also authored articles published in various international business and legal media on topics such as foreclosing on cross-border loans in Mexico; U.S.-Mexico cross-border environmental and energy law; international letters rogatory; enforcing foreign judgments in Mexico; privatization of Mexico’s airport and oil and gas sectors; the Mexican foreign investment law; Mexico’s maquiladora (in-bond plant) program; and government bidding procedures.
2010 – Law Degree, Centro Nacional de Evaluación para la Educación Superior (Licenciatura en Derecho), Mexico City.
1996 – J.D., Cum Laude, Seattle University School of Law
1992 – B.A., Political Science, Oregon University