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Zachary J. Bancroft

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Orlando
T: 407.367.5426
F: 407.264.8728

Zachary Bancroft focuses his practice on commercial foreclosures, commercial loan workouts and bankruptcy litigation, with an emphasis on CMBS loans.

Featured Videos

A Lender's Guide to Agricultural Defaults September 28, 2018
Agricultural Loan Defaults – Special Issues and Maximizing Recovery September 28, 2016

Featured Experience

Represented client, successfully completing the foreclosure of three assisted living facilities with a total debt of over $75 million.
Represented client, successfully completing the foreclosure of a large mixed use development with total debt of over $100 million.
Represented client, successfully completing the foreclosure of a 250 room condominium-hotel with an original loan amount of $75 million.

Professional Biography

Overview

Mr. Bancroft has represented creditors in a variety of commercial settings. Mr. Bancroft's clients include loan servicers (with an emphasis on special servicers), national banks, regional banks and automotive floor-plan lenders.

Mr. Bancroft has represented servicers and lenders in foreclosure actions with a cumulative amount in controversy of over half a billion dollars. Mr. Bancroft also represents a wide variety of clients in general business litigation matters, and has successfully argued several appeals before Florida's appellate courts. He is based in the Firm's Orlando office.

Representative Matters
  • Represented client, successfully completing the foreclosure of three assisted living facilities with a total debt of over $75 million.
  • Represented client, successfully completing the foreclosure of a large mixed use development with total debt of over $100 million.
  • Represented client, successfully completing the foreclosure of a 250 room condominium-hotel with an original loan amount of $75 million.
  • Successfully represented automotive floor-plan lenders in loan workouts, replevin actions, bankruptcies, and in connection with dealership sales.
  • Negotiated a consensual chapter 11 plan on behalf of a special servicer, which plan results in the recovery of all attorneys' fees incurred in connection with a loan default both pre-and post-bankruptcy. The borrower remains current on the loan.
  • Represented the lead lender in the foreclosure of a $57 million participation loan on a condo-hotel located in Orlando, Florida. The foreclosure was the result of a settlement involving the inclusion of additional, adjacent property, which allowed the lenders to quickly re-sell the property after foreclosure. The negotiations also involved the hotel maintaining its flag.

  • Successfully represented lender in the foreclosure of a student housing apartment complex in Tallahassee, Florida. The representation involved obtaining a rents sequestration order, appointment of a receiver, and a favorable ruling as to the contest maturity date of the loan. The foreclosure was complicated by the fact that there were over 30 borrowers structured as a "TIC Loan."

  • Served as lead counsel on behalf of banking client in pursuit of a guarantor of a commercial loan. The client sought a deficiency amount of over $3 million. The matter was confidentially resolved prior to trial.

  • Represented special servicer as lead counsel, successfully negotiating the consensual foreclosure of a Florida retail center with a loan amount of approximately $8 million. The borrower and guarantors were seeking certain releases, which were not provided as part of the settlement.

Professional Honors & Activities
  • AV® Preeminent™ Peer Review Rated by Martindale-Hubbell
  • Listed in The Best Lawyers in America® since 2014 in Mortgage Banking Foreclosure Law
  • Listed in FLORIDA TREND magazine as a "Legal Elite" in the area of Bankruptcy & Workout, 2015
  • Named one of Orlando Magazine's Best Lawyers of 2014 - Mortgage Banking Foreclosure Law
  • Recognized as a Florida Super Lawyer, 2014 − 2018
  • Recognized as a "Florida Rising Star" by Florida Super Lawyers, 2011 − 2013
  • Recognized as a Florida's Legal Elite Up & Comer 2013 by FLORIDA TREND magazine
Publications
Speaking Engagements
  • "Receivership Powers and Remedies Across the Southeast," webinar (July 2013)
  • "TIC issues in Commercial Loans," client presentation (April 2013)
  • "Selected Lender Liability Issues," client presentations (December 2012 and April 2013)
  • Co-presenter – "Recent Trends in Lender Liability Claims," webinar (March 2013)
  • "Distressed Real Estate for Investors" (March 2012)
  • "Distressed Real Estate for Lenders: Getting Your Collateral Back" (November 2011)
  • "Florida Distressed Real Estate: Practical Solutions" (September 2011)

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