BUSINESS AND REAL ESTATE LITIGATION

Nonjudicial Foreclosures

The California statutory scheme for nonjudicial foreclosures of deeds of trust and mortgages with powers of sale is complex.  Our attorneys have been instrumental in proposing and coordinating with legislative advocates in drafting amendments to California’s statutory schemes governing foreclosures.  Since its inception, AHK and its attorneys have written articles, conducted seminars and served as expert witnesses relating to numerous topics involving nonjudicial foreclosures.  In addition, AHK’s attorneys have extensive litigation and appellate experience related to nonjudicial foreclosures.  Our ongoing involvement in the United Trustee’s Association demonstrates our commitment to maintaining standards of excellence in this field. 

Judicial Foreclosures

Whether and under what conditions to pursue a judicial foreclosure rather than a nonjudicial foreclosure is a critical decision, fraught with many pitfalls.  Our extensive experience in this area of the law allows us to provide sound and reasoned advice to secured lenders regarding whether and how to proceed with this remedy, as well as handling foreclosures through sale and final judgment.

Secured Lenders

The deed of trust with power of sale is the most common real property security instrument in use in California.  The anti-deficiency statutes present a challenge to secured lenders seeking to enforce their security.  Failure to strictly comply with the statutory requirements can result in the loss of the real property security interest.  Our broad experience litigating and lecturing in this area allows the firm to offer informed counsel to secured lenders. 

Landlord/Tenant: Unlawful Detainers & Evictions

Our attorneys have had extensive experience in litigation involving landlord-tenant issues; including unlawful detainer actions on behalf of property owners and litigation enforcing lease terms on behalf of our clients.  We are able to assist our clients in this area on a nationwide basis through associated counsel outside California. 

Other areas of Business and Real Estate Litigation include Real Estate Finance, Lender-Borrower Litigation, Loan Servicing, Foreclosure Trustees, Usury Litigation, Mortgage Broker Litigation, and Truth-In-Lending.