We have represented numerous clients in commercial foreclosure actions in state and federal courts. In most instances on behalf of lenders, we take an aggressive approach, seeking to move for summary judgment at the earliest opportunity to avoid delays and get to a judicial sale as soon as possible. As part of these proceedings, we often litigate lender liability claims raised as counterclaim/defenses to the foreclosure action. Also we are experienced in getting rent receivers appointed to manage the properties while the foreclosure proceeding is pending.
Our bankruptcy practice allows us to follow borrowers into bankruptcy court, a common tactic used by borrowers to stop foreclosure cases. In this regard, we may seek relief from the automatic stay at the earliest possible time to finish the foreclosure case depending on the facts and circumstances available.
We have successfully argued in bankruptcy court that rents taken over by a lender pursuant to an absolute assignment of rents prior to the filing of the bankruptcy case cannot be used by the debtor to finance a plan of reorganization until the mortgage is paid in full.
Within the ambit of real estate law, we have represented owners in connection with claims asserted against them by brokers for commissions.
Our offices in Manhattan are within easy access of the federal and state courts in Manhattan, Brooklyn, Bronx, Queens and Staten Island. We also, have easy access to the federal and state courts in Central Islip, White Plains, and Northern New Jersey (Bergen and Essex counties).