Scott R. Lesser

• Represented CMBS special servicers in a pair of guaranty suits establishing full recourse liability on carve-out guarantees arising out of the breach of the single-purpose entity covenants, namely for the borrower's failure to remain solvent.
• Represented a CMBS special servicer in month-and-a-half trial in a $34 million carve-out guaranty and fraud case.
• Represented a national lender in restructuring a $18 million loan relationship involving a 10-property industrial portfolio.
• Represented a CMBS special servicer in a multi-stage workout of a an aggregate $35 million cross-defaulted portfolio of six properties, involving multiple loan restructurings and a deed-in-lieu-in-escrow transaction.
• Represented investors in $50 million in self-storage facility portfolios in a complicated reorganization, refinancing and buy-out of 1031 exchange investors.
• Represented a CMBS special servicer in a $45 million single-tenant office receivership sale.
• Represented a regional bank in the workout of a $28 million multistate loan portfolio acquired from the FDIC.
• Represented a national lender in a $38 million multi-state business and real estate loan workout.
• Represented a CMBS special servicer in a $25 million regional mall workout, where the receiver first shut down, then sold one of the oldest malls in the country.

Areas of Expertise

For over 15 years, Scott's practice has focused on representing lenders in working through distressed assets. In doing so, he has represented special servicers, financial institutions and other lenders in workout negotiations and enforcement activities.

His practice actively covers all property types, both core (office, retail, industrial, and multi-family) and non-core (construction loans, health care, hospitality, restaurants, gas stations, mobile home parks, self-storage facilities, etc.). Outstanding principal balances range from as little as $200,000 to as much as $150 million, but most frequently lie between $2.5 million and $50 million. Properties are most commonly located in the Upper Midwest (Michigan, Ohio, Indiana and Illinois); but Scott has helped develop strategies involving assets in Florida, North Carolina, New Jersey, Kansas, Minnesota, Wisconsin, Iowa, Colorado, California, Texas and more.

Scott handles all phases of the workout process, whether resolved consensually or through contested proceedings. His experience includes:

• Forbearance Agreements
• Deed-in Lieu Transactions
• Deed-in-Escrow Agreements
• Loan Sales
• Loan Modifications
• Loan Assumptions
• Discounted Payoffs
• Settlement Agreements
• Receiverships
• Receivership Sales (both consensual and contested)
• Mortgage Foreclosures (judicial and non-judicial in Michigan; judicial in Ohio, Indiana and Illinois)
• Suits against Guarantors (recourse, limited recourse and springing recourse)
• Fraudulent Transfer
• Fraud Investigations and Litigation
• Lender Liability Claims and Litigation
• Bankruptcy
• Serial Bankruptcy
• Real Estate Owned (REO) Sales

U.S. Bank National Association, as Trustee v. Springfield Prairie Properties, LLC, 2019 WL 977867 (C.D. Ill. Feb. 28, 2019) (guarantor liable for full debt on carveout for transfer of mortgaged property)

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 Loan Act)

Kim v JPMorgan Chase Bank, NA, 493 Mich 98; 825 NW2d 329 (2012) (defects in mortgage foreclosure renders sale voidable, not void; amicus brief filed on behalf of Real Property Law Section, State Bar of Michigan)

7800 W Outer Drive Holdings, LLC v College Park Partners, LLC, 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)

Livonia Properties Holdings, LLC v 12840-12976 Farmington Road Holdings, LLC, 717 F.Supp.2d 724 (E.D. Mich. 20120), aff'd 399 Fed. Appx. 97, 2010 WL 4275305 (6th Cir. 2010), cert. den. 131 S.Ct. 1696 (2011) (borrower's request for preliminary injunction to enjoin foreclosure sale denied because “record chain of title” means documents recorded in register's office and borrower lacks standing to contest interim assignments of mortgages in blank)

"Assignment of Rents Enforcement After a Default: Receivership, Foreclosure, and Bankruptcy Issues," Panelist, Strafford Webinar, February 20, 2024 

"Market Liquidity in an Illiquid Market," Panelist, Trigild Fall Lenders Conference, October 12, 2023, Dana Point, CA 

"Remedies and Restructuring Developments: The Rise of Non-Traditional Remedies," Panelist, American College of Mortgage Attorneys 2023 Annual Meeting, September 30, 2023, La Jolla, CA

"Repositioning Troubled Assets: Lakeside Mall," Panelist, State Bar of Michigan Real Property Law Section 2023 Summer Conference, July 20, 2023, Mackinac Island

"Commercial SFR: The Other Multifamily Loan," Trigild Fall Lenders Conference, November 10, 2022, San Diego

"Restructuring and Remedies Post-COVID," Panelist, American College of Mortgage Attorneys Annual Meeting, September 16, 2022, Park City, Utah

"Update on Michigan Foreclosures and Receiverships," SIOR Michigan, May 26, 2021

"Privilege and Discovery in Commercial Workouts," KeyBank National Association, March 12, 2019, Cleveland

"Mall Workouts: A Case Study," Torchlight Investors, December 13, 2018, New York City

"Legal Lightning Round," Trigild Fall Lenders Conference, October 18, 2018, San Diego

"Waste Claims in Commercial Real Estate Foreclosure," Rialto Capital Advisors, May 9, 2018, Miami

"Mall Workouts: A Case Study," C-III Asset Management, March 15, 2018, Dallas

Case Study – Single-Tenant Office Workout, Torchlight Investors, November 10, 2017, New York City

"Deeds in Lieu of Foreclosure and Subordination, Nondisturbance and Attornment Agreements," C-III Asset Management, March 9, 2017