Barry G. Braunstein

Senior Partner / Banking & Finance; Litigation

Boston and New York Offices

617-880-3574

617-692-3574 fax

bbraunstein@riemerlaw.com

Barry focuses on problem commercial and real estate loan resolution and commercial litigation, with an overall emphasis on creditors’ rights. As an experienced litigator, he handles all phases of the real estate workout and foreclosure process, whether resolved consensually or through litigation. Barry has vast experience through several recessions in handling forbearance agreements, modifications, deeds-in-lieu, distressed real estate loan sales, consensual sales, foreclosures, receiverships, suits against guarantors, fraudulent transfer claims, and REO property. He has extensive experience dealing with foreclosures of a broad scope of property types in multiple jurisdictions including industrial, office, retail, multi-family, hospitality, restaurant, residential development, and self-storage facilities.

Barry’s commercial litigation practice involves working with both private and institutional lenders. Barry also has extensive experience working with institutional clients and private investors in connection with the acquisition, maintenance, and workout, including litigation of individual loans and loan pools. He has managed and worked on a number of large scale financings involving real estate-based collateral as well as asset-based collateral.

Barry has extensive civil litigation and appellate experience in state and federal courts. His litigation practice includes the representation of creditors in the recovery of loans and other commercial claims, as well as commercial real estate litigation.

Representative Transactions

• Represented California lender as mortgagee-in-possession, and subsequent foreclosure of condominium development in Boston's Fenway area
• Represented German lender in foreclosure and subsequent resale of former Polaroid World Headquarters in Waltham, Massachusetts
• Workout and foreclosure of 65 unit condominium conversion in southeastern Massachusetts and related bankruptcy and litigation for New York lender
• Workout and foreclosure of 100 lot subdivision in central Worcester County related bankruptcy and litigation for local savings bank
• Workout and foreclosure of multi-million dollar self-storage facility in southeastern Massachusetts and related litigation for a California lender
• Loan purchase, workout, and foreclosure of 78 lot subdivision in Northern Middlesex/Worcester County for Connecticut lender
• Workout and foreclosure of 52 unit apartment building in Springfield, Massachusetts and related litigation for California lender
• Acquisition, assessment, and enforcement of remedies in connection with of 200+ assets loan portfolio from the FDIC for Washington, DC lender
• Representation of various institutional lenders in New York foreclosure actions, including single and multiple lender transactions. These actions have included numerous property types, such as a twelve story commercial building (office and retail) in Manhattan, a 70 room boutique hotel in Manhattan, commercial retail space in Queens, and a land assemblage for a ultra-high end residential condominium development in Manhattan.
• Managed collateral acquisition of 900+ properties throughout the U.S. on behalf of a national lender in connection with $1.2 billion merger
• Workout and foreclosure of hotel, restaurant, and residential rental property in southern Massachusetts coast and related litigation for local savings bank
• Counsel to Trustee in bankruptcy of major mortgagor lender -- attend to enforcement and disposition of 500+ residential loans
• Workout and foreclosure of 118 room hotel in Manchester, NH and related litigation for local savings bank
• Workout and foreclosure of 34 unit condominium hotel in Cape Cod for local bank

Cases Of Interest

• Richard J. Briden v. Anne Foley, Trustee, 776 F.2d 379 (1985)
• E.I. DuPont deNemours & Co., Inc. v. John F. Cullen, Trustee of Antinarelli Enterprises, Inc., 791 F.2d 5 (1986)
• BayBank Middlesex v. Electronic Fabricators, Inc., 751 F.Supp. 304 (1990)
• Minster State Bank v. BayBank Middlesex, 412 Mass. 831 (1993)
• Harder v. United States of America, 1993 WL 667770 (D.Mass)

Speaking Engagements

Boston Bar Association, Real Estate Finance Committee (Real Estate Section); January 13, 2009 seminar, panelist – "Workouts and Foreclosures"

Affiliations

Massachusetts Bar Association

New York Bar Association

Real Estate Bar Association for Massachusetts

Admissions

Commonwealth of Massachusetts, 1983

U.S. District Court, District of Massachusetts, 1984

State of Minnesota, 1991

U.S. Court of Appeals, First Circuit, 1991

State of New York, 1992

U.S. Supreme Court, 1999

U.S. District Court, District of New York, 2006

U.S. Court of Appeals, Second Circuit, 2007

Education

The John Marshall Law School, J.D., 1983

Skidmore College, B.A., 1980