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Receiverships, Lenders & Special Creditor Remedies

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Special Creditor Remedies

Allen Matkins attorneys regularly assist creditors in pursuing their rights and remedies, both in and out of court. These efforts include loan renegotiations and workouts, perfecting and revising security interests, and prosecution of creditors' rights litigation, including judicial foreclosure, breach of contract, and other actions arising from borrower payment defaults, environmental violations, commercial mismanagement, and other misconduct. We also have substantial experience in securing the appointment of qualified rents-and-profits, as well as enhanced authority, receivers.

SELECT REPRESENTATIVE MATTERS

  • Represented secured lender in judicial foreclosure and specific performance action alleging multiple, material payment defaults by operator of large commercial property. Successfully secured appointment of receiver who assumed authority and control of the property, brought in new tenants, and returned property to profitability.
  • Represented secured lender in action against borrower to recover collateral on a $29 million loan, including imposition of an equitable lien on real property and appointment of a receiver.
  • Represented secured lender in actions to appoint receiver over several residential developments, including defense of borrower actions.