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Commercial Foreclosure

Creative problem-solving tailored to meet the individual needs of each lender.

Lenders face a multitude of complexities in today’s legal and economic environment in attempting to navigate successfully the foreclosure process for commercial properties. Our Commercial Foreclosure group applies creative problem-solving skills to develop strategies and solutions designed to aggressively meet each client’s individual needs.

The attorneys in the group are well-versed in handling all aspects of the foreclosure process, including the review and analysis of loan documents, the initial preparation of the foreclosure complaint, and the drafting and negotiation of forbearance agreements, as well as other issues. Their involvement continues through the final surrender of the property.

Of special note, attorneys in our Commercial Foreclosure group work in tandem with the attorneys in our Bankruptcy group when commercial borrowers seek to interrupt the foreclosure process by seeking relief under the Bankruptcy Code. We represent lenders in the foreclosure of commercial buildings, investment properties and shopping centers and  are skilled at successfully representing both institutional and private lenders to obtain their goals in complex, contested foreclosure actions.

We bring a unique sophistication surrounding Uniform Commercial Code Article 9 sales on behalf of many clients, including advising on the requirements of such sales, structuring the sale, drafting the required notices, coordinating the publication and marketing efforts in connection with the sale, and also handling litigation where the borrower has challenged and sought to enjoin the sale.  We also counsel borrowers and distressed debt purchasers through the intricacies of these non-judicial proceedings, the availability of state court and bankruptcy court impediments to the process and the associated strategies.

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