Orange County Commercial Foreclosure Litigation Lawyer
Irvine, California, Commercial Foreclosure Litigation Attorney
The current turbulent economic climate may have dealt a substantial blow to your real estate financial situation. With so many properties 'underwater' and foreclosures on the rise, if you encounter a real estate crisis you should have an experienced real estate attorney by your side who can counsel you about the best course of action to protect your assets, properties, credit and other business interests.
I am Robert L. Wishner, Attorney at Law, and I have been representing California business property owners for over 30 years. I handle a wide variety of real estate litigation matters, including commercial foreclosure litigation involving non-judicial and judicial foreclosure options. When you retain me, you can be assured I will work to protect all your interests in a cost-efficient matter. Contact me today to schedule an appointment at my Irvine office to discuss your real estate situation.
Extensive Real Estate Dispute Experience
If your business' property is the subject of commercial foreclosure litigation arising from any of the following situations, I am here to help you defend your rights and assets:
- Mortgage disputes
- Breach of contracts related to investor issues or partnership disputes
- Commercial lease disputes
- Loan modification problems
- Failed workout attempts
- Bad faith foreclosure
- Lender wrongdoing and compliance issues
I will thoroughly examine all the mortgage documents and notices of foreclosure for reasons leading to the foreclosure to see if they were correctly asserted or if there are defenses available to you. I will also research whether the measures taken to prevent the foreclosure were executed properly and if the lenders acted legally regarding modification or workout attempts.
Commercial Foreclosure Litigation Options
Most commercial foreclosure litigation actions are initiated as non-judicial foreclosure proceedings, whereby a trustee can sell the property in order to satisfy the underlying defaulted loan. I can help you navigate this option or contest this action brought on behalf of the lender.
However, in California, if your original deed of trust does not contain power of sale language then the lender can take you to court by pursuing judicial foreclosure proceeding. I will rigorously defend you to prevent the court from issuing a final judgment of foreclosure and deficiency judgment by proving lender liability or other problems with the way your property was dealt with before commercial foreclosure litigation action was taken. If the court does hand down this judgment, I will represent you at the fair value hearing and communicate with the receiver assigned to the matter.
My experience with all aspects leading up to and during commercial foreclosure litigation can help best position my clients to keep their properties, sell them for a reasonable price or extricate them from a negative real estate finance position, so they can move forward in a more positive light in the future. I encourage you to contact me to discuss your goals and situation today.
