Commercial foreclosures/receiverships

Defaulted loans secured by commercial real estate present unique issues for lenders and borrowers. Frequently, the loss of an important tenant can result in diminished cash flow and the inability to pay operating expenses, taxes and debt. If a foreclosure case is filed, a lender will seek to protect income from the property, typically by moving for the appointment of a receiver. The role of the receiver is to collect the rent, maintain the property and operate the property while the foreclosure case is pending.

Our attorneys help to evaluate applicable default and recovery alternatives when commercial real estate secures a debt, including:

  • Receivers 
  • Protective advances 
  • Foreclosure sales 
  • Deeds in lieu of foreclosure 
  • Debt modification agreements 
  • Troubled debt restructures 
  • Forbearance agreements