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Kilpatrick

Senior Commercial Financial Services Litigation Attorney - Financial Institutions, Loan Servicing & Secured Creditor Remedies

Legal Counsel & Legal SupportConfirmed live in the last 24 hours
Full-time$295k - $315k

About the Job

Requirements

  • A J.D. from an accredited law school is required.
  • Active bar admission in the state of the office location, or ability to obtain admission promptly, is required.
  • At least 8 years of complex commercial litigation experience is required.
  • Significant experience representing financial institutions, servicers, or lenders is required.
  • A strong background in commercial real estate litigation and secured creditor remedies is required.
  • Experience handling contested matters in both federal and state courts is required.
  • Experience managing cases independently and leading litigation teams is required.
  • Strong written and oral advocacy skills are required.
  • Strong analytical, strategic-thinking, and client-management skills are required.

Responsibilities

  • Lead and manage litigation teams in complex commercial matters in federal and state courts across the United States.
  • Represent banks, master servicers, special servicers, CMBS trusts, insurance companies, and other lenders in workouts of non-performing commercial real estate loans; forbearances and discounted payoffs; deeds-in-lieu of foreclosure; note sales; receiverships; judicial and non-judicial foreclosures; and exercise of secured creditor remedies.
  • Handle litigation and loan-servicing matters relating to commercial mortgage-backed securities (CMBS).
  • Represent financial institutions and special servicers in distressed real estate loan matters and commercial property dispositions.
  • Manage contested bankruptcy matters, UCC sales, mezzanine loan enforcement, and replevin actions.
  • Protect lenders’ interests in loans secured by hotels, retail properties, office and industrial assets, multifamily and healthcare properties, ground leases, and pledged personal property interests.
  • Defend financial institutions in lender-liability actions, including claims involving breach of contract, breach of fiduciary duty, implied covenant of good faith, fraud and misrepresentation, partnership and joint-venture disputes, and waiver, estoppel, and modification claims.
  • Handle complex business disputes involving contracts, franchise agreements, floorplan financing, real estate matters, and shareholder disputes.
  • Represent clients in arbitration proceedings, including before the American Arbitration Association (AAA).
  • Represent title insurance companies in claims involving fraudulent deeds and mortgages, quiet title actions, adverse possession, lien priority disputes, and boundary disputes.
  • Represent landlords and tenants in commercial lease litigation, including ground lease disputes, evictions and holdovers, rent reconciliation disputes, reformation claims, and breach-of-lease actions.

Desired Qualifications

  • Experience with CMBS and loan-servicing litigation is preferred.
  • Experience with distressed real estate and mezzanine loan enforcement is preferred.
  • Experience with bankruptcy litigation related to secured lending is preferred.
  • Arbitration experience is preferred.
  • Title insurance litigation experience is preferred.

About the Company

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