Mr. Somma has extensive experience representing clients in distressed loan workouts, forbearances, restructurings, commercial and residential foreclosures, UCC foreclosure sales, distressed portfolio and asset sales, property disposition, creditors’ rights and insolvency, origination of commercial real estate loans, asset-based and structured-based finance, note and mortgage sales and other issues surrounding OREOs.
Mr. Somma also represents businesses and lenders in all aspects of commercial litigation associated with distressed loans and debts including post-judgment collection actions. Mr. Somma has substantial experience representing both lenders and businesses in attachment, replevin, injunctions and seizures. He also represents both lenders and businesses in commercial and consumer bankruptcy proceedings in cases involving preference claims, turnover actions, fraudulent conveyances, Rule 2004 exam litigation, proof of claim disputes and motions for relief.
Mr. Somma also represents lenders and servicers in a variety of mortgage-related litigation, including cases involving claims and defenses under the federal Truth-in-Lending Act (TILA), the federal Real Estate Settlement Procedures Act (RESPA), the Fair Debt Collection Practices Act (FDCPA), the Telephone Consumer Protection Act (TCPA) and various state consumer protection statutes, including Massachusetts 93A and New Hampshire Unfair, Deceptive and Unfair Collection Practices Act. He has successfully litigated numerous mortgage-related cases, including multiple foreclosure actions in state, federal, and bankruptcy courts throughout New England.
- A top bank in connection with the sale of REO properties including a sale of a real estate development containing twenty lots, multiple strip malls and office buildings with holdover tenants.
- Representation of a national bank in the $110 million debt financing of eight deep water terminal leases.
- A regional bank in ten distressed loan purchase and sale transactions totaling over $40 million in the aggregate including the following types of property: an indoor sports facility and complex, multiple office buildings, and multiple strip malls.
- Financial restructuring involving the transfer of seven separate properties and leaseholds into seven separate limited liability companies and the assignment and assumption of the loans encumbering those properties valued in the aggregate at approximately $300 million.
- Several financial institutions and other financial services companies in investigations and enforcement matters conducted by the United States Trustees Office concerning consumer bankruptcy practices.
- A major bank in connection with the bank’s efforts to comply with OCC consent orders concerning default mortgage servicing, bankruptcy and foreclosure practices.
- Multiple Chapter 7 Trustees in various turnover actions, preference complaints, fraudulent conveyance complaints, and 363 sales of property of bankruptcy estates.