Foreclosure

Our extensive experience enables us to analyze our clients’ foreclosure problems in depth and find the right solution for virtually any lender with respect to any property.

Overview

Our clients include banks and other institutional and private lenders who rely on our counsel regarding problem business loans that may lead to non-judicial foreclosure of property in Georgia. Our extensive experience in reviewing problem loans enables us to provide strategic advice as to whether foreclosure is the best remedy and either help clients pursue foreclosures or other remedies to completion or structure deed-in-lieu transactions to avoid foreclosures.

We provide a number of critical services related to foreclosures. For example, in the event of a bankruptcy filing, we obtain relief from the bankruptcy automatic stay to enable the lender to proceed with foreclosure. After a foreclosure, our litigators have a winning track record in seeking judicial confirmation of the foreclosure sale to permit the lender to pursue a deficiency. We also work with lenders to negotiate and close the sale of foreclosed properties to third parties.

Experience

  • Represented Branch Banking and Trust Company in commercial foreclosures throughout Georgia, including foreclosure of retail centers, office buildings, residential subdivisions and raw land, and in successful judicial confirmations of foreclosure sales.
  • Represented Hamilton State Bank in loan workouts and commercial foreclosures of hotel properties and raw land.
  • Represented CertusBank in loan workouts and commercial foreclosures, including foreclosures of office buildings and raw land.
  • Represented major bank in vigorously contested lawsuit against developers based upon loan documents and obtained summary judgment for an amount in excess of $20 million.
  • Represented Illinois bank in loan workouts and commercial foreclosures of hotel properties in Georgia.
  • Represented venture fund in loan workouts and commercial foreclosures of hotel properties in Georgia.
  • Represented CMBS Trust through its special servicer in connection with the sale of foreclosed apartment and office properties in Georgia, Florida and South Carolina.
  • Represented Massachusetts-based Berkshire Bank in foreclosure of office condominiums, amendment of declaration of covenants and sale of foreclosed property.
  • Represented Branch Banking and Trust Company and its affiliates in the sales of foreclosed properties, including hotels, retail centers, residential subdivisions, office buildings, multifamily residential properties and raw land.
  • Represented life insurance company in foreclosure of industrial property portfolio.
  • Successfully represented Branch Banking and Trust Company in widely reported appellate case in which Court of Appeals confirmed summary judgment obtained for client in Superior Court, and Supreme Court of Georgia declined to consider further the attempt by opposing parties to require lenders to comply with the Georgia foreclosure sale confirmation statute before pursuing claims against debtors.
  • Represented individual investor in purchase of loan from bank and foreclosure of retail shopping center.
  • Represented SunTrust Bank in commercial foreclosures, including foreclosures of retail centers, office condominiums and residential subdivisions.
  • Represented Regions Bank in commercial foreclosure of an office building in Fulton County.
  • Represented CMBS Trusts through their special servicers in connection with the foreclosure sales of apartment, retail, hotel and office properties in Georgia.
  • Represented a real estate investment firm in the acquisition of, and foreclosure on, two non-performing notes totaling more than $40 million, secured by two hotel properties located in Florida.

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