Case Conclusion Date: October 29, 2009
Practice Area: Foreclosure
Outcome: We defeated an $3.5M foreclosure claim.
Description: My client was sued for advancing $3.5M to a senior lienholder to stop its foreclosure so my client could complete its own foreclosure. The plaintiff claimed that the advance was improper and thus constituted surplus proceeds for the benefit of plaintiff, a junior lienholder. In what was regarded by everyone involved in or who heard about the case as one of the most factually complex and legally challenging cases in this area, we defeated a motion for a writ of attachment filed against our client. Thereafter, we filed a motion for summary judgment on behalf of our client and one was filed against our client. We were successful in defeating the plaintiffs' case and in winning on our motion for summary judgment. This win removed our client's exposure to a claim of over $3.5M dollars.