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Heather M. Olson

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Office

T:
+1.248.267.3277
O:
+1.248.879.2000
F:
+1.248.879.2001
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Education

Wayne State University Law School, J.D., 2005

Hamilton College, B.A. 2002

Bar Admissions

Court Admissions

U.S. District Court

  • Eastern District of Michigan 

Ms. Olson has extensive experience representing lenders, special servicers and receivers in commercial real estate loan workouts, foreclosures, receiverships, and real estate (REO) sales throughout Michigan, Ohio, Illinois and Indiana.

She handles all stages of multimillion-dollar commercial loan workout and foreclosure matters for special servicers, lenders and receivers.  Ms. Olson’s practice includes both litigation and transactional matters, including, judicial and non-judicial foreclosures, receiver appointments and sales, forbearance, deed-in-lieu, deed-in-escrow, note sale and loan modification agreements and other related issues.  Her work experience includes all property types, including office, retail, shopping malls, industrial, multi-family, mobile home parks and hospitality. 

Ms. Olson’s practice also includes pursuing guarantors based on carve-out violations of non-recourse guarantees and fraudulent transfers.

Ms. Olson also represents receivers of commercial real estate in court-appointed receiverships over commercial real estate and personal property.  


 

Representative Matters

Heather focuses her practice on representing special services and lenders in workout negotiations, foreclosures, receivers and enforcement actions in connection with defaulted commercial mortgage loans.  She handles all phases of the workout process and has experience in the following:

  • Mortgage foreclosures (judicial and non-judicial in Michigan; judicial in Ohio, Indiana and Illinois)
  • Receiverships, including the representation of court-appointed receivers
  • Distressed real estate loan sales
  • Receiver sales of property (in Michigan, Ohio, Indiana and Illinois in both state and federal courts)
  • Distressed real estate sales of REO property
  • Suits against Guarantors (both recourse and non-recourse carve-out violations)
  • Fraudulent transfer claims
  • Deed in lieu transactions
  • Forbearance Agreements
  • Post-judgment collection actions

Mobile Home Workouts and Foreclosures

Represented a national lender in connection with the workout of a multi-loan portfolio secured by 19 mobile home parks in Michigan, Ohio, Indiana, North Carolina, Tennessee, and Georgia.  Heather managed and handled the foreclosure proceedings, loan workout agreements and subsequent guarantor lawsuits in connection with this loan portfolio. 

Represented a CMBS special servicer in all aspects of the foreclosure and receivership litigation concerning a $12.5 million loan secured by 6 mobile home parks in Michigan. Heather also handled all aspects of the subsequent guarantor lawsuit and the lawsuit to enforce the assignment of rents against the assignee of the sheriff’s deed for one of the mobile home park properties.

Represented a CMBS special servicer in all aspects of the foreclosure and receivership litigation concerning an $85 million loan secured by 10 mobile home parks in Michigan and Indiana.

Shopping Mall Receiverships and Foreclosures

Represented a CMBS special servicer in all aspects of the receivership and guarantor litigation concerning a $31 million loan secured by one of the first shopping malls in suburban Detroit, including the subsequent sale of the mall by the receiver to the local municipality. 

Represented a CMBS special servicer in all aspects of the foreclosure and receivership litigation concerning a $46 million loan secured by a shopping mall in suburban Detroit.

Guarantor Lawsuits

Represented a CMBS special servicer in connection with a $12.5 million guaranty lawsuit as well as a lawsuit against the property management company for collecting subordinate management fees.

Post-Judgment, Collection Matters and Pursuit of Fraudulent Transfers

Represented a national lender in connection with all aspects of the collection of a $9.5 million judgment, including the pursuit of fraudulent transfer claims, at all stages, including in the state circuit court, Michigan Court of Appeals and Michigan Supreme Court. 

Represented a national lender in connection with the collection of a $2.5 million judgment against multiple guarantors.

Representation of Court-Appointed Receivers

Multiple matters representing court-appointed receivers for the duration of the receivership and the receiver’s sale of multiple commercial properties in both state and federal courts.

Reported and Published Decisions

Wells Fargo Bank, NA v Cherryland Mall Limited Partnership, 295 Mich App 99 (2011),
remanded at 493 Mich 859 (2012), rev’d upon remand at 300 Mich App 361 (2013) (guarantor carve-out liability; constitutionality of retroactive application of Michigan Nonrecourse Mortgage Loan Act)

7800 W. Outer Drive Holdings, L.L.C. v College Park Partners, L.L.C., 2012 WL 2402010 (Mich. App. 2012) (foreclosing lender entitled to predefault rents and real estate tax refunds)

51382 Gratiot Avenue Holdings, LLC v Chesterfield Development Co., 835 F.Supp.2d 384, 2011 WL 6153023 (E.D. Mich. 2011), reconsideration denied 2012 WL 205843 (summary judgment for lender on carve-out guaranty for insolvency)

Honors

Wayne State University Law School, J.D., Student Trial Advocacy Program, 2004-2005 Trial Competition winner

Hamilton College, B.A., Alexander Hamilton Honors Writing Society

Michigan Super Lawyers, Real Estate Rising Star, 2016

Michigan Super Lawyers, Business Litigation Rising Star, 2012

Professional Activities

American College of Mortgage Attorneys, Fellow

Federal Bar Association

State Bar of Michigan, Real Property Law Section, Commercial Real Estate Development, Ownership & Finance Committee

Oakland County Bar Association

Oakland County Bar Foundation, Lifetime Fellow

CREW – Commercial Real Estate Women, Detroit Chapter Co-Chair, CREW Careers Committee, UCREW Committee and CREW Outreach Committee

Commercial Real Estate Finance Council Women’s Network, Professional Development Committee

Commercial Real Estate Financial Council

Civic, Cultural & Social Activities

Tau Beta Association

Speeches

"2017 Trigild Spring Lender Conference: Property Focus: Hotels and Retail," Moderator, April 2017

"Women @ Work: Developing Detroit," Hosted by the Mike Ilitch School of Business Institute for Leadership and Diversity and CREW Detroit – Legal Issues in Commercial Real Estate Roundtable Speaker, October 26, 2016

"2016 Trigild Spring Lender Conference: Legal Lightning Round” Panelist, April 2016

“Non-recourse carve-outs: Cherryland and Beyond,” (CLE Presentation), February 2016

“Negotiating Tenant Estoppel Letters” Failing to Prepare is Preparing to Fail: Due Diligence in Real Estate Deals (State Bar of Michigan, Real Property Law Section), January 2016

"2015 Trigild Fall Lender Conference: Special Servicer Update” Panelist, October 2015

“How to Maximize Recovery,” Presentation and Training Session on Calculating Your Debt (What Can You Include) in Commercial Workouts and Foreclosures in Michigan, Ohio, Illinois and Indiana (CLE presentation), May 21, 2015

“Seven Principles of a Commercial Real Estate Workout,” Presentation and Training Session on Commercial Workouts and Foreclosures (CLE presentation), October 9, 2014

“Real Estate Basics for the Entrepreneur: Leasing and Buying Commercial Real Estate,” May 2014

Publications

"Receiver Sales: A Better Alternative to Foreclosure?" Michigan Real Property Review, Winter 2016 Spring 2017, Vol. 43 No. 4, Vol. 44, No. 1; 43-44 Mich Real Prop Rev 5 (2016 - 2017)

LexisNexis Practice Guide: Michigan Real Estate Litigation, co-authored "Foreclosure of Mortgages and Land Contracts; Receiverships," July 2016

“Defending a Multi-Member Municipal Policy-Making Board Against Claims Under Section 1983,” Michigan Defense Quarterly, October 2009

“Time to Confirm Arbitration Award As Judgment Clarified,” Associated General Contractors of Michigan Legal Brief, Vol. V, Issue 1-2009