Practice Areas:

Ben represents private mortgage lenders, institutional lenders, foreclosure trustees, and third party purchasers of foreclosed real estate in all Bankruptcy Courts and District Courts in California and in all state courts in California. He also represents lenders, foreclosure trustees, and third party purchasers in appellate matters in both California and Federal courts.

Ben’s practice emphasizes creditor bankruptcy representation and defending lenders, trustees and third party purchasers in foreclosure-related litigation at the trial level and on appeal. He also represents lenders and receivers in actions to collect rents under deeds of trust, lenders in judicial foreclosure actions, and purchasers of property in post-foreclosure evictions.

Bar Admissions:

• State Bar of California, 1984
• U.S. District Court, Northern California, 1984
• U.S. District Court, Eastern District of California, 1985
• U.S. District Court, Southern District of California, 1989
• U.S. District Court, Central District of California, 1990
• U.S. Court of Appeals, Ninth Circuit

Education:

• University of Santa Clara (J.D. 1984)
• University of California Santa Barbara (B.A. Law and Society 1979)

Memberships:

• Member, California State Bar
• Member, Santa Clara County Bar Association
• Member, American Bankruptcy Institute
• Member, Bay Area Bankruptcy Forum
• Member, San Jose chapter of American Inns of Court dedicated to bankruptcy practice
• Member, California Mortgage Association
• Member, United Trustees Association (formerly the California Trustees Association)

Speaking Engagements:

 Mr. Levinson is a frequent speaker with the United Trustees Association (“UTA”)  on yearly bankruptcy developments and moderator on the bankruptcy judges panel.

He is also a speaker and author of articles for the California Mortgage Association on bankruptcy and foreclosure topics.

Published Appellate Cases:

Farahani v. Floria, 2013 WL 1703384 (N.D.CA 2013) Dismissal by the district court of wrongful foreclosure, violations of the Truth in Lending Act (“TILA”), and equitable claims against a lender.

Melendrez v. D & I Investment, Inc., (2005) 127 Cal.App.4th 1238; The appellate court held that a bona fide purchaser for value at a trustee’s sale could include those persons that regularly bid at such sales and also held that the conclusive presumptions of the Trustee’s Deed given to BFP’s only apply to the statutory procedures with respect to the default and sale notices and do not apply to other requirements of the foreclosure process.

Resolution Trust Corporation v. Bayside Developers, 43 F.3d 1230 (9th Cir. 1994) The 9th Circuit Court of Appeals affirmed the reversal by the District Court of the California Sixth Appellate District.  The appellate court held that the sale by the court appointed receiver of real property assets that was part of the lender’s collateral did not violate the one-action rule of California Civil Procedure § 726.

 Pacific Loan Management v. Superior Court, (1987) 196 Cal.App.3d 148; The appellate court specifically held that a foreclosure trustee had the right to interplead surplus funds.