Monroe Law Firm has substantial experience in handling distressed real estate loans; including workouts, foreclosures, and bankruptcies. Our experience includes the negotiation and preparation of pre-negotiation, forbearance and restructuring agreements, and the exercise of remedies, including the appointment of receivers and the handling of all aspects of non-judicial and judicial foreclosure proceedings. We also regularly assist secured lenders in filing motions for relief from stay, preserving and maximizing their rights in bankruptcy proceedings and in negotiating and litigating reorganization plans.

    We also have substantial experience in litigation regarding real property sale contracts and leases, loan agreements, partnership agreements involving the ownership and development of real property, property management agreements, construction financing agreements, mechanic's lien foreclosure actions, landlord/tenant disputes and evictions.

Representative Experience

• Successfully represented financial institution in conducting a unified, non-judicial foreclosure sale of the real and personal property collateral of a business securing a $10 million loan.
• Successfully represented Bank in obtaining appointment of receiver, in handling non-judicial foreclosure proceedings and in subsequent Chapter 11 bankruptcy regarding $1.8 million commercial loan.
• Successfully represented bank in defense of lender liability action regarding real estate secured financing.
• Successfully represented bank, a holder of a sold-out junior deed of trust, in action to set aside foreclosure sale due to procedural irregularities and reinstate bank's deed of trust.
• Successful representation of plaintiff in litigation to dissolve general partnership and liquidate its real estate holdings.
• Successful representation of real property secured creditors and lessors in numerous bankruptcy proceedings, including motions for relief from stay, assumption and assignment of leases, cash collateral and financing motions, plan negotiations, and in valuation and confirmation disputes.
• Successful representation of secured lenders in defense of numerous mechanic's liens foreclosure actions.
• Successful representation of both buyers and sellers in litigation regarding real property sale contracts.

Practice Areas

Bankruptcy and Workouts - Creditors' Rights and Collections - Commercial Litigation