Lawsuit for possession of real estate arising from a large secured financing transaction

A dispute arose when the client, who acquired commercial real estate pledged as collateral in a financing transaction after a default, sought possession of the property from its occupants. Attorney Jaehoon Lee represented the client in the lawsuit for possession of the real estate.

The key issues were the validity of the ownership acquired through the real estate collateral trust agreement and the enforcement of the security interest, the existing leases and the occupants' legal basis for possession, and whether the new owner was entitled to possession of the property.

Attorney Lee reviewed the structure of the loan agreement and the real estate collateral trust agreement, and how the collateral property was disposed of and ownership acquired after the default. He also analyzed the existing leases, the possession arrangements and the related contractual rights and obligations, set out the legal basis for the client's claim to possession based on its ownership, and litigated the case.