For 30 years, the Law Office of Benjamin R. Levinson, APC, has represented litigants in bankruptcy, federal, and state court actions. Our clients include private mortgage lenders, institutional lenders, foreclosure trustees, receivers, third party foreclosure purchasers, landlords, bankruptcy creditors, and real property litigants in all California District Courts and Bankruptcy Courts and all California state courts.
The Office practice emphasizes creditor bankruptcy representation, defending lenders and trustees in foreclosure-related litigation, lender and receiver representation in state court receivership actions, representing purchasers of real property in post-foreclosure evictions throughout the State of California, and lender representation in judicial foreclosure actions to seek a deficiency under the loan.
Additionally, the office represents unsecured lenders seeking to collect on their note, and judgment creditors seeking to enforce their judgment, whether obtained in California or in another state.
Recent Representative Engagements:
- Represented a lender in bankruptcy who held three separate deeds of trust on unimproved real property. Negotiated a settlement that resolved all claims of lender liability and resulted in dismissal of the bankruptcy. The client was eventually paid in full by a voluntary sale of the property.
- Represented a lending corporation and its officer in a wrongful foreclosure action in state court. Prevailed at the demurrer stage, obtaining a judgment of dismissal of the action. Also obtained a judgment for attorney fees against plaintiffs, the former borrowers on the loan.
- Represented a lender on a reverted property to obtain possession of a single family residence after a failed “cash for keys” agreement. After filing an unlawful detainer action, obtained a stipulated judgment for possession and damages and the former occupants voluntarily moved out.
- Represented a lender who was the successful bidder at his foreclosure sale in a wrongful foreclosure action brought by an alleged junior deed of trust holder. Obtained a voluntary dismissal of the action after filing a second demurrer and a motion to expunge a lis pendens recorded by that junior lender.
- Represented second deed of trust holders in a Chapter 13 bankruptcy and forced the debtor to convert to Chapter 11 due to the debt limitations in Chapter 13. Successfully defeated a lien strip motion in Chapter 11 with the Court determining a valuation that required payment of the deed of trust holders in full. Negotiated a settlement with debtor that resulted in a loan modification with the first deed of trust holder, the bankruptcy being dismissed, and the clients’ receiving their monthly payments and recovery of all charges incurred in the bankruptcy.
- Represented a second deed of trust holder in a Chapter 11 bankruptcy that required an election of remedies to be treated as fully secured even though the lender was only partially secured. A Chapter 11 plan was thereafter confirmed that pays the client over time in a sum that exceeds the current equity in the real property collateral.
- Represented a second deed of trust holder in a receivership action. Obtained the appointment of a receiver, but prior to the receiver taking possession of the property, borrower filed two serial bankruptcies. Obtained Orders for adequate protection payments to all lenders in both cases. Obtained an order in the second bankruptcy limiting the stay. Debtor performed on the adequate protection orders and the Property was eventually sold by a voluntary sale after dismissal of the bankruptcy and the client was paid in full, including all attorney fees and costs.
- Obtained a voluntary turnover of rents from a tenant of commercial property in which the client was a first deed of trust holder of a delinquent loan. Client continues to collect the rents while deciding whether to foreclose on the real property.