Attorney Perl represented Creditor, who held a second mortgage on property in Massachusetts, in a law suit to declare priority of the Creditor’s mortgage over other mortgages on the property. The first mortgagor, after foreclosing on the property, received a surplus in funds that was available for junior mortgagees. After filing a motion for summary judgment, Creditor’s mortgage was declared as having priority of the mortgages of 6 other creditors, and Creditor was paid the surplus which satisfied the balance owed to Creditor.
Foreclosure on $6.2 Million Commercial Property
Represented Creditor in all aspects of a foreclosure on commercial property in Massachusetts. Creditor, who held the first mortgage on the property, was the highest of among approximately 20 bidders at the foreclosure sale, and eventually sold the property for over $6.2 million.
Suit to Reach and Apply
Represented Plaintiff, who held judgment against a Defendant that had been unpaid for approximately five years. Attorney Perl subpoenad Defendant’s prior employer and discovered Defendant was entitled to a large future income stream from the employer. Defendant, in an attempt to conceal the payments, fraudulently transferred the right to payments to a relative. On behalf of client, Attorney Perl got a court order to reach and apply more than 20% of each of the monthly payments towards Plaintiff’s judgment.
Shipping Contract Suit
Filed a lawsuit on behalf of Plaintiff, who sold a large volume of packaging materials on credit to Defendant, a company that used the materials to sell its products. The suit also named the company's owner as a defendant on multiple separate counts, including fraud. After filing the complaint and a motion to attach Defendants' bank accounts, Attorney Perl collected $190,000 for Plaintiff.
Suit for Investment Fraud
Obtained judgment for Plaintiff in a case brought against Defendant, who deceived Plaintiff into providing funds for Defendant to “invest” on Plaintiff’s behalf. Defendant held a beneficial interest in a trust that owned real estate. After filing a motion seeking a special attachment, i.e., a lien in favor of Plaintiff, on Defendant’s interest in real estate owned through the trust, Defendant made payment to Plaintiff in exchange for a release of the lien and to resolve the case.