Mark A. Bartels
Mark has been a trusted advisor to businesses and individuals in Northeast Wisconsin for over 29 years. He understands how to approach the goals and challenges of businesses and individuals with innovative solutions that overcome those challenges and meet those goals in a cost-effective manner. In addition to his full-time legal practice, Mark serves as President of One Law Group, S.C. As President of the firm, Mark focuses on setting the strategic direction of the organization, building consensus among its owners, and initiating the changes necessary to insure the long-term success and prosperity of the law firm. Mark has also had ownership interests in commercial real estate projects. These practical experiences uniquely position Mark to understand the challenges facing his business clients and allow him to expertly assist in attaining their operation and financial goals.
Practice Areas
Mark’s legal practice includes the following areas:
- Real Estate: Mark represents businesses and individuals in all areas of commercial and residential real estate, borrowing and lending, corporate, and construction transactions. His practice includes acquisition, development, leasing and sales of commercial and residential properties. He has extensive experience drafting and negotiating purchase and sale contracts, leases, organizational documents, real estate documents, financing documents and other agreements with national retail tenants, financial institutions, and owners, developers, sellers, buyers and tenants of real property. He provides service in all aspects of developing, selling, buying, exchanging, leasing and financing commercial and residential real estate, including negotiating construction contracts, facilitating deferred like-kind exchanges, establishing condominiums, advising condominium and homeowners’ associations, correcting title defects, analyzing adverse possession and prescriptive easement claims, and establishing and foreclosing mortgages and liens. Mark has also taught Mechanics of Real Estate at Northeast Wisconsin Technical College.
- Corporate and Business: Mark acts as the principal outside legal advisor to large and small companies and tax-exempt organizations in a wide-range of corporate and business matters, including contract review and drafting, organizing, acquiring or selling businesses, business planning and successor leadership issues and general business advice. Mark advises corporations, limited liability companies, general partnerships, limited partnerships, limited liability partnerships and their shareholders, members and partners in all aspects of formation, operation and dissolution. Mark also counsels commercial lenders in lending transactions and collection matters and provides them with loan documentation specifically designed and drafted for each unique transaction.
- Estate Planning: Mark assists clients in securing their future and transferring their wealth to the next generation in the most efficient means available. Mark focuses his practice on estate planning for individuals, including preparation of wills, revocable trusts, irrevocable trusts, martial property agreements, transfer on death deeds, financial and health care powers of attorney, living wills, and final disposition authorizations, the implementing of estate tax minimization, gifting and probate avoidance strategies, and elder law planning.
- Probate: Mark advises personal representatives, trustees, beneficiaries, and heirs in all aspects of estate and trust administration, including probate and trust termination. Mark helps clients overcome the challenges and complexities of probate by utilizing the most efficient means available to settle an estate, including formal probate, informal probate, summary settlement, summary assignment, and transfer by affidavit. Mark advises clients on estate taxes, fiduciary income taxes, and will and trust disputes. Mark has also taught Estate Administration at Northeast Wisconsin Technical College.
Education
- J.D., Marquette University Law School
- B.S., University of Wisconsin-Madison
Published Articles, Lectures & Presentations
- Northeast Wisconsin Technical College - Instructor of Paralegal Estate Planning & Administration of Estates and Mechanics of Real Estate classes
Awards & Distinctions
- Appointed President of One Law Group, S.C. by Board of Directors, 2008-2019
Professional Activities
- State Bar of Wisconsin – Member
- Brown County Bar Association - Member
Community Involvement
- Brown County Historical Society, Inc. – President, Past Treasurer, Board of Directors
- HSHS St. Vincent St. Mary's Foundation Leadership Council - Member
- Friends of St. Mary’s Hospital Foundation – Board of Directors, Past Chairman
- Green Bay-Preble Optimist Club – Member, Past Presiden
- Mutual Housing Association of Brown County, Inc. – Board of Directors
Representative Clients
- Real Estate Owners
- Real Estate Developers
- Real Estate Sellers
- Real Estate Buyers
- Landlords
- Tenants
- Title Companies
- Business Owners
- Corporations
- Corporate Officers and Directors
- Senior Managers
- Tax-Exempt Organizations
- Banks and Financial Institutions
- Secured Creditors
- Municipalities
- Individuals
- Professionals
- Personal Representatives
- Trustees
- Beneficiaries
- Heirs
Notable Representations
Real Estate Acquisition and Development
Mark assisted a real estate developer in acquiring an old resort property on a northern Wisconsin lake in order to build a condominium development. The acquisition involved the negotiation of a real estate purchase agreement, and review of title, survey and zoning issues. Mark also prepared the documents necessary to organize the condominium, including the Declaration of Condominium and Owner’s Association Articles of Incorporation, Bylaws, and Rules and Regulations.
Commercial Lease
Mark negotiated commercial lease for a real estate development client leasing a newly constructed building in a multi-tenant shopping center to one of the largest beauty retailers in the United States. The tenant operates 384 stores in 39 states and specifically locates in high-traffic, off-mall locations. The transaction included extensive negotiations with the tenant’s special leasing counsel.
Business Sale
Mark represented the shareholders of a family-owned business in the sale of all of the stock of multiple corporations to a Fortune 1000 company and global leader in the industry. Mark’s representation included the negotiation and drafting of the transaction documents, including the Stock Purchase Agreement, Non-competition Agreement, and Leases for multiple locations. The transaction involved over $20 million in total consideration.
Corporate Counsel
Mark acted as the principal outside legal advisor to a closely-held business selling cellular phones and service from the opening of its first store in Appleton, through the opening of 40 locations in 5 states, and the eventual sale of the business to a national company. Mark advised the company on a full range of legal and business issues, including drafting and negotiating complex business agreements.
Commercial Loan Documentation
Mark represented a local bank in structuring and documenting an asset-based credit facility for a large food manufacturer. The engagement involved the preparation and negotiation of an extensive credit agreement and security documents. It also required the review of title issues for the manufacturing facility, as well as organization and authority documents. Once documented, this facility requires amendment and negotiations relating to the fast-changing food market.
Commercial Borrowing
Mark has assisted multiple commercial real estate owners in obtaining securitized non-recourse loans, including the review and negotiation of promissory notes, mortgages, assignment of rents and security agreements, exceptions to non-recourse guaranties, replacement reserve agreements, completion repair agreements, and subordination, non-disturbance and attornment agreements. These transactions often required the organization of single-purpose entities or other changes to the clients’ organizational structure to meet stringent lender requirements.
Trusts and Estates, Wills, Powers of Attorney, Etc.
Mark completed an estate plan for a couple who owns a small business and has three children and did not have an estate plan commensurate with the size of the estate accumulated over the years. He also assisted them in the preparation of a Revocable Trust to accommodate the flow of funds to and for the benefit of the surviving spouse and ultimately for the children. In addition to the preparation of the Revocable Trust, he prepared Last Wills and Testaments, Declaration of Trust, Marital Property Agreement, Durable Powers of Attorney, Durable Powers of Attorney for Health Care, Declarations to Physicians, and all transfer documents necessary to properly fund the Revocable Trust.
Probate
Mark assisted adult children and the designated Personal Representative in administering their father’s estate, including collecting the assets of the estate, paying the father’s debts and taxes, and distributing the remaining assets to the beneficiaries in accordance with the father’s wishes as expressed in his Last Will and Testament. The representation included preparation of all probate documents and tax returns.
Missing Heirs
Mark was appointed as guardian ad litem to represent the unknown heirs of a wealthy professor who died without a will and without any known family. Mark conducted an extensive investigation into the decedent’s past and discovered possible half-siblings located in another part of the country, but there were no records that could confirm the blood relationships. Mark then had the professor’s body exhumed for recovery of DNA samples which confirmed that the professor and the possible half-siblings had the same mother. The professor’s assets were then distributed to his newly-discovered family.
Residential Real Estate Transactions
Mark recently assisted the owner of a home in a northern Oconto County community in a for-sale-by-owner (FSBO) residential real estate transaction so she could realize her dream of becoming a “snowbird” and spending the winter months in a warmer climate.
