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Navigating Commercial Foreclosure with Multiple Liens


Navigating the murky waters of commercial foreclosure can ensnare even the most seasoned business owners and investors. Businesses grappling with commercial foreclosure often find themselves entangled in a web of legal complexities, especially when multiple liens are involved.

The stakes are high, and the process can be intricate. Finding the right support is critical, and that’s where an experienced foreclosure attorney comes into play. This article will explore the intricacies of commercial foreclosure with multiple liens and how the right legal guidance can make all the difference.

The Complications of Multiple Liens

Having multiple liens on a property means that various entities or individuals have claims to the property’s value. These can arise from mortgages, mechanic’s liens, tax liens, and more. Here’s the tricky part: these liens have a “priority order.”

This order determines who gets paid first from the sale proceeds of a foreclosed property. A primary mortgage might have the highest priority, but if a tax lien is present, it might supersede other claims, depending on the jurisdiction. Since the first lien has priority, subsequent liens may or may not be paid off, depending on the proceeds from the foreclosure sale.

The Role of Commercial Foreclosure Litigation

When a property faces foreclosure with multiple liens, determining who gets paid first can become contentious. Stakeholders, including lenders and other creditors, may dispute the amount they’re owed and their position in the queue.

This is where commercial foreclosure litigation comes in. The litigation seeks to clarify and enforce the rights of all parties involved, ensuring that the process is conducted fairly and in line with legal standards. A skilled commercial litigation attorney can provide the following:

  • Expert guidance: Navigating the legal landscape requires profound knowledge and experience. Professional legal guidance ensures compliance with all applicable laws and regulations. Furthermore, different types of liens bring distinct legal challenges, and a real estate attorney understands and can address each to ensure a successful foreclosure.
  • Negotiation skills: An attorney with expertise in commercial foreclosure litigation can negotiate with various lienholders, striving for an optimal resolution for all parties.
  • Protecting your interests: Whether you are a lender or a borrower, an experienced lawyer will vigorously represent your interests, seeking the best possible outcome.

Work With an Experienced Commercial Litigation Attorney

Navigating commercial foreclosure with multiple liens is a demanding process that requires precise understanding and skillful execution. If you are facing a commercial foreclosure situation and need expert assistance, don’t hesitate to work with Warren S. Dank, Esq., P.C., a reputable commercial litigation attorney/lawyer in New York.

We have experience representing borrowers and lenders in foreclosure litigation and every commercial foreclosure aspect. Contact us today to explore how we can assist you in turning a complex situation into an opportunity for resolution and success.