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

Tempe council approves driveway change, with Rose Law Group Land Use Attorney Jon Gillespie handling the case
(Disclosure: Rose Law Group represents the Goettle family.) By Madeline Bates | Tempe Indpendent The Tempe City Council gave the green light for a family to move their driveway, despite concerns from neighbors and the potential impact to a school across the street. The Goettle family owns a home across from C.I. Waggoner Elementary School and were seeking approval from the council

Lennar snags lots near TSMC; Jordan Rose, founder and president of Rose Law Group, comments in Business Journal
(Disclosure: Rose Law Group represents the seller.) By Angela Gonzales | Phoenix Business Journal One of the nation’s largest homebuilders has secured 444 lots near the Taiwan Semiconductor Manufacturing Co.’s $265 billion development in north Phoenix. AGWIP Asset Management, land banker for Miami-based Lennar Corp. (NYSE: LEN), plopped down $60.14 million in cash for the land spanning 132.24 acres near 117th Avenue

Gilbert approves townhomes in Power Ranch, with Rose Law Group Land Use Attorney Jon Gillespie presenting the case
(Disclosure: Rose Law Group represents Raintree Investment Corp.) By Tom Blodgett | YourValley Gilbert Town Council has approved a 171-unit townhome development that would replace plans for a denser rental project on a Power Ranch property that has sat vacant for nearly two decades. The council approved a minor general plan amendment and rezoning Sept. 15 for Woodcrest Village West, a 16.8-acre site at the






