Minnesota Commercial Mortgage and Foreclosure Attorneys
- Award-Winning Law Firm
- State & Federal Court Experience
- Experienced MN Litigators
- Serving Minnesota Since 2003
Minnesota Commercial Mortgage and Foreclosure Attorneys
A troubled commercial mortgage can affect far more than the property securing the loan. Defaults and foreclosure proceedings may implicate business operations, guarantees, tenants, competing liens, financing arrangements, and substantial investments tied to the real estate.
Burns & Hansen represents commercial property owners, businesses, investors, banks, and other lenders in mortgage and foreclosure matters throughout Minnesota. Because our attorneys work with both borrowers and lenders, they understand the competing rights, obligations, and financial considerations that can shape a commercial mortgage dispute from either side. We also advise clients in residential mortgage and foreclosure matters when legal issues require counsel.
Why Burns & Hansen for Mortgage & Foreclosure Matters
When you work with Burns & Hansen, you benefit from:
- Experience representing commercial property owners, borrowers, banks, and other lenders, providing perspective on the competing interests that shape mortgage disputes.
- Counsel for sophisticated commercial real estate financing and foreclosure matters, as well as residential matters requiring legal representation.
- Experience analyzing loan documents, guarantees, property interests, competing liens, tenants, and contractual issues that may determine the parties' rights.
- Attorneys who consider foreclosure alongside workouts, modifications, restructuring, refinancing, and other negotiated alternatives.
- An understanding of the business and real estate interests that can be affected when commercial property secures a troubled loan.
- Litigation capabilities for contested foreclosure proceedings and mortgage-related disputes.
- Broader real estate, business, construction, landlord, and appellate capabilities when a troubled mortgage affects other aspects of a property or commercial operation.
Common Situations We Can Help With
You may benefit from mortgage or foreclosure counsel if you're trying to:
- Address a default involving commercial real estate financing.
- Negotiate a commercial loan workout, modification, or restructuring.
- Evaluate guarantees, competing liens, tenants, or other interests affecting a commercial mortgage.
- Initiate and pursue a commercial foreclosure as a lender.
- Respond to a threatened or pending commercial foreclosure.
- Resolve disputes involving mortgage, loan, or security documents.
- Restructure or document a negotiated response to a borrower default.
- Determine whether notice, documentation, servicing, or another issue provides grounds to challenge a foreclosure.
- Evaluate refinancing or another financing arrangement involving troubled real estate.
- Address a residential mortgage or foreclosure matter that presents significant legal issues.
- Litigate a contested foreclosure or mortgage-related claim.
- Have another mortgage or foreclosure matter, or aren't sure whether your situation fits one of these categories. Contact Burns & Hansen to discuss your situation with an attorney.
Frequently Asked Questions about Mortgage & Foreclosure
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Does Burns & Hansen handle commercial mortgage and foreclosure matters?
Yes. We advise commercial property owners, borrowers, banks, and other lenders on mortgage defaults, workouts, restructuring, foreclosure, and related litigation. Commercial matters may also involve guarantees, business entities, tenants, competing liens, and other issues requiring broader real estate and business analysis.
Does Burns & Hansen represent both borrowers and lenders?
Yes. We represent property owners and borrowers as well as banks and other lenders. Working with parties on both sides of mortgage and foreclosure matters gives our attorneys perspective on the competing legal, financial, and property interests that can influence how a dispute develops.
What options are available when a commercial mortgage is in default?
The available options depend on the loan documents, property, financial circumstances, and objectives of the borrower and lender. Depending on those factors, the parties may consider a workout, modification, restructuring, refinancing, negotiated transfer, foreclosure, or other available remedy.
What is a loan workout?
A loan workout is a negotiated arrangement between a borrower and lender intended to address a troubled loan without continuing under its existing terms or immediately pursuing foreclosure. Depending on the circumstances, the parties may negotiate changes to payment obligations or other loan terms.
What issues can complicate a commercial foreclosure?
Commercial foreclosures can involve guarantees, business entities, tenants, competing liens, loan and security documents, property operations, and other creditor interests. Those issues can affect both the foreclosure process and the parties' broader financial and business interests.
Can a foreclosure be challenged in Minnesota?
In some circumstances, yes. Potential issues may involve notice, documentation, servicing, compliance with required procedures, prior workout discussions, or other legal and contractual questions. Whether a viable challenge exists depends on the specific facts.
Does Burns & Hansen also handle residential foreclosure matters?
Yes. Although our mortgage and foreclosure practice includes substantial commercial work, we also advise homeowners and other residential property owners when a foreclosure, troubled mortgage, or related dispute presents legal issues requiring counsel.
Can a mortgage or foreclosure decision be appealed?
Potentially. Burns & Hansen's appellate attorneys can evaluate whether a significant foreclosure or mortgage-related judgment presents grounds for appellate review and can become involved during litigation when issues affecting a potential appeal need to be addressed.
Speak With a Minnesota Mortgage and Foreclosure Attorney
Commercial mortgage problems can become more difficult as defaults continue, deadlines approach, or competing interests develop around the property. Borrowers and lenders alike can benefit from understanding the loan documents, property interests, available remedies, and potential alternatives before committing to a course of action.
Contact Burns & Hansen to discuss a commercial or residential mortgage, foreclosure, workout, or related dispute.
