Real Property Lending Defaults, Foreclosures and Recoveries

If and when real estate market values shift, the loan to value predicates of the original loan underwriting can be subjected to severe stress. Developing an action plan on the secured creditor side does not occur in a vacuum. Different types of lenders (regulated versus private) have different time and loan portfolio considerations. Almost all lender action plans come up against borrower action plans (chapter 11 filings, stripping of the rental cash flow, etc.)

Borrower defaults need to be vigilantly and decisively dealt with by real estate lenders. Triggering the enforcement of the assignments of rent so as to trap the income stream for the immediate benefit of the lender needs to be pursued.

Arizona recently adopted the Uniform Commercial Real Estate Receivership Act (hereafter “the Act”) which permits real estate lenders to have a receiver appointed to take possession of their real property collateral security and personal property collateral after default but before a foreclosure can be completed. The receiver displaces the borrower or the borrower’s designees (i.e. a management company) from having control over the rental income and the operation of the collateral security which enhances lender protection as required under the discrete facts of each lending situation. Waste, deterioration or other immediate harms to the collateral security can be averted.

The attorneys of the Rose Law Group have the experience to meaningfully oppose borrower action plans which have as their goal only delay without providing any material enhancement or benefit to the lender. This experience extends to representing lenders in borrower chapter 11 bankruptcy reorganizations in which the borrower is seeking to “cram down” its lender. This bankruptcy experience includes prosecuting motions to dismiss bankruptcy cases for lack of good faith, motions to lift the automatic stay for lack of equity or other cause, motions to appoint an examiner or trustee in the event of mismanagement or fraud, opposition to the confirmation of chapter 11 plans of reorganization, Section 1111 elections, protection of secured creditor credit bid rights in the context of Section 363 sales and prosecuting and defending a whole host of different types of adversary proceedings as well as conducting fact discovery as required pursuant to Bankruptcy Rule 2004.

Where the loans are with recourse and the foreclosure sale implicates a deficiency, post-foreclosure deficiency litigation will be brought on the lender’s behalf within the required statutory limitations period. In concert with its lender clients, expert appraisal data will be generated in support of the foreclosure bid price and the amount of the deficiency. Where there are guarantors, any and all permissible actions on the guaranties will be pursued on behalf of the lender.

Attorneys of the Rose Law Group team possess numerous credentials attesting to their expertise and specialization in sophisticated real property lending defaults, foreclosures and deficiency and guaranty recoveries.

On Our Team

In The News

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By Angela Gonzales | Phoenix Business Journal Jordan Rose, a long-time zoning attorney and founder of Rose Law Group, said the modernized zoning ordinance cuts out the needless government regulations that lead to price escalation in the housing market and prioritizes AI infrastructure uses — addressing some critical issues. “I would bet that this new ordinance will be plagiarized and

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Congratulations to all! Main 45, Elliot Barkan Development’s 45-unit, townhome-style project located on 3.5 acres at the SWC of Sossaman Rd and Main St, has been selected as the winner in the category of ‘Best Site Plan” by Mesa Development Services. ’Excellence & innovation’ in the development of Main 45 “set a high standard” within the community, the city noted. Those achievements and

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Thomas Galvin, chairman of the Maricopa County Board of Supervisors and partner at Rose Law Group, breaks some ‘huge’ housing affordability news!

Thomas Galvin, Maricopa County Board chairman, District 2 supervisor, Rose Law Group partner, and an Arizona Capital Times’ most powerful person, has informed Dealmaker about some major news surrounding the THIRD DRAFT of the county’s Zoning Ordinance: “This morning at 9:30, the Maricopa County Board of Supervisors will be addressing housing affordability as well as batter energy storage systems and data centers by voting on a complete

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