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?
2 Answers from Attorneys
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.
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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.
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