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Commercial Mortgage Foreclosures  &  Receiverships

Akerman represents global financial institutions, special asset and distressed property groups, and special servicers in large commercial foreclosures, including Commercial Mortgage-Backed Securities (CMBS) foreclosures. Our litigation team is experienced in all aspects of foreclosures, receiverships, workouts, restructuring, and commercial lending, including enforcement of loan agreements and guarantees, asset seizure, as well as defense of lender liability claims and intercreditor disputes. In addition, our bankruptcy team assists lenders throughout the U.S. in the restructuring of loans and in obtaining relief from the automatic stay.

Practice Highlights
Regularly handle complex commercial mortgage foreclosures and workouts on virtually every type of real and personal property
Structure forbearance/workout agreements to provide the lender with maximum protection while adhering to the terms of the deal
Handle the appointment of receivers, periodically represent receivers, and serve as receivers in various matters
Co-drafted, and then pioneered the use of, Florida’s streamlined statutory show cause foreclosure procedure, that is used to speed up the foreclosure process
Serve as outside general counsel to the Florida Bankers Association, for more than 50 years
Experienced in foreclosures concerning multiple properties in multiple venues
Represent foreclosing lenders in participation loans, including negotiations with objecting participant banks
Advise clients on a range of related issues, including title examination, title claims, alternative sale procedures (including sales by receivers), construction lien law, survey law, land use, condominium law, development rights, entitlements, zoning, environmental compliance, and permitting
Prosecute deficiency claims against borrowers and guarantors
Aid in the enforcement and collection of deficiency judgments with the use of proceedings supplementary, levies, and garnishments
Represent lenders in Chapter 7, 11, and 13 bankruptcy cases
Protect priority of lender’s secured claims in disputes involving post-petition financing, cash collateral, and adequate protection payments
Obtain relief from the automatic stay or represent lenders through the sale of assets by Section 363 or through a Chapter 11 plan

Recognition
"This solid team is well versed in handling complex commercial litigation. It is noted particularly for its expertise in matters relating to the financial services, insurance, healthcare and real estate sectors. With the backing of the firm's impressive national network, the team is able to handle nationwide class actions with ease." (Chambers USA)
U.S. News - Best Lawyers: Recognized as a national tier one law firm for International Arbitration - Commercial, Litigation - Bankruptcy, Litigation - Construction, and Litigation - Real Estate
Chambers Latin America: Ranked as one of the leading International Arbitration law firms across all of Latin America
Chambers Global: Ranked as one of the leading International Arbitration law firms across all of Latin America
U.S. News - Best Lawyers: Recognized in the national Commercial Litigation, Litigation - Antitrust, Litigation - Banking & Finance, Litigation - Intellectual Property, Litigation - Labor & Employment, and Litigation - Securities categories
Law360: Ranked among the top 100 Product Liability law firms
Benchmark Litigation: Recognized as Florida Litigation Law Firm of the Year
Benchmark Litigation: Top ranked in Florida and recommended as a leading Litigation law firm in Virginia
Benchmark Appellate: Top ranked in Florida, Eleventh Circuit
Chambers USA: Ranked as one of the leading Litigation law firms in Florida since 2003
Chambers USA: Ranked as one of the leading Antitrust law firms in Florida

 
 
 
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