Legal Question in Real Estate Law in California

Foreclosure on commerical real estate

I am a limited partner in an office

building. Although 85% occupied,

rents have fallen to the point where

cash flow is insufficient to cover the

very heavy debt service and

property tax payments. The building

has paid neither for several

months. Our only hope is to

negotiate better terms from our

bank. Some partners say it's best

to wait until the bank starts

foreclosure proceedings to begin

negotiations. Can this be true?


Asked on 4/08/09, 3:48 pm

2 Answers from Attorneys

Daniel Bakondi The Law Office of Daniel Bakondi

Re: Foreclosure on commerical real estate

No. You need to find the right commercial real estate attorney now. You should contact my office to discuss. If you do not like me, I can refer you to someone else. You need to right now start gathering documents, files, and evidence and start figuring out what to do from someone with experience. The more preparation and planning time your attorney has, the more options are available to you. Please contact my office.

Best,

Daniel Bakondi, Esq.

IMPORTANT:

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Answered on 4/08/09, 4:02 pm
David Gibbs The Gibbs Law Firm, APC

Re: Foreclosure on commerical real estate

Attorney Bakondi is correct in that you need to start immediately. Waiting for a default to be declared only serves to shorten the time frame within which you can negotiate a resolution. Commercial property is vastly different from residential property (where "loan modification" companies are advising people to default before initiating modification discussions), and the sooner you jump on this, the better you will be served.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 4/08/09, 4:11 pm


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