Barry G. Braunstein

Barry G. Braunstein
Senior Partner / Compliance Partner / Banking & Finance; Litigation
Boston and New York Offices
617-692-3574 fax

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.

As Compliance Partner, Barry's role is to ensure that the firm is conducting its business in full compliance with all local, state, national and international laws and regulations that pertain to our practice, as well as all professional standards, accepted business practices, and internal standards. Barry's role is also to understand and help the firm manage risk, maintain a positive reputation, and adhere to all client and industry-driven guidelines and requirements. Having represented major financial institutions for his entire career, Barry also has a significant understanding of the compliance requirements that are important to the financial services industry. He is charged with keeping the firm's business systems sound and secure and in conformity with client and industry requirements, and well as with educating the firm and instituting practices that will ensure the highest possible level of compliance.

Representative Transactions

  • Represented European lender in connection with foreclosure and secured party's sale of 430,000 sq. ft. office park and development rights; secured six figure payment from municipality in connection with easement rights; re-position and re-sell property
  • Represented California lender as mortgagee-in-possession, and subsequent foreclosure sale to third party of 50+ condominium development in Boston's Fenway area
  • Represented German lender in foreclosure and subsequent resale of 120 acres 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, foreclosure, and third party sale 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

In The News

  • Boston lawyer develops legal apps for iPad - Barry Braunstein, a partner with a Boston law firm, started developing iPad apps about four years ago. Apps are easy research tools for lawyers and a green alternative to law books that are updated frequently.
    Boston Business Journal - January 28, 2015

Speaking Engagements

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


Massachusetts Bar Association
New York State Bar Association
Real Estate Bar Association for Massachusetts


Commonwealth of Massachusetts
U.S. District Court, District of Massachusetts
U.S. Court of Appeals, First Circuit
State of New York
U.S. Supreme Court
U.S. District Court, Southern District of New York
U.S. District Court, Eastern District of New York
U.S. Court of Appeals, Second Circuit


UIC John Marshall Law School, J.D., 1983
Skidmore College, B.A., 1980