Meagen E. Leary practices in the areas of creditors' rights, bankruptcy and real estate law. Ms. Leary has and continues to litigate multimillion-dollar commercial foreclosure, bankruptcy, guaranty and lender liability matters for secured lenders, special servicers, borrowers and guarantors. She has experience in multiple jurisdictions with insolvency matters; foreclosure and lien issues; guaranty claims; prejudgment remedies, including the appointment of receivers and writs of attachment; post-judgment collection efforts; and the resolution of defaulted loans, including workouts, forbearances, extensions and other modifications. Ms. Leary also represents court-appointed receivers and advises real estate investors in connection with the purchase of distressed real estate and/or promissory notes.
Ms. Leary acts as regional outside counsel for a large special servicer client in seventeen states, including the western region of the United States. Primary responsibilities include overseeing and managing active litigation, loan workouts and foreclosures. She works closely with special servicer's asset managers and in-house counsel in structuring and implementing loan workout and litigation strategies, directs and supervises outside counsel in the implementation of cost effective litigation strategies and advises in-house counsel regarding legal developments impacting rights of secured lenders.
Ms. Leary's real estate and construction practice focuses on the representation of lenders, owners, developers, design professionals and general contractors in matters that include claims of delay and disruption, lease and contract disputes, unfair business practices, professional malpractice, mechanics' liens, property rights, secured transaction issues and other related disputes. Ms. Leary also represents her clients in transactional matters, including drafting, reviewing and negotiating a wide range of construction-related contracts.
Ms. Leary is a 2004 cum laude graduate of Tulane Law School, where she was a member of the Tulane Maritime Law Journal, and a graduate of the University of California, Los Angeles.
Areas of Practice
- Real Estate
- U.S. Court of Appeals for the Eighth Circuit
- U.S. Court of Appeals for the Ninth Circuit
- U.S. District Court for the Northern District of California
- U.S. District Court for the Eastern District of California
- U.S. District Court for the Central District of California
- U.S. District Court for the Southern District of California
- Tulane Law School, J.D., cum laude, 2004
- Member, Tulane Maritime Law Journal
- University of California, Los Angeles, B.A.
- State Bar of California
- Bankruptcy Law Section
- Real Property Law Section
- American Bar Association
- Bar Association of San Francisco
- Commercial Real Estate Finance Council
- NAIOP - Commercial Real Estate Development Association
- California Receiver's Forum
- Vice President, San Francisco Chapter
- CREW - Commercial Real Estate Women
- Vice Chair, Membership Committee, San Francisco Chapter
Honors / Awards
- Listed in Super Lawyers Northern California Rising Stars, 2013
Civic and Charitable Activities
- San Francisco Food Bank
- Co-author, "Glaski Decision Appears to Place Lenders on Notice to Verify Accuracy and Effectiveness of Loan Assignments," Duane Morris Alert, September 10, 2013
- Author, "Nevada Ruling Suggests Lenders Wait Until Foreclosure Before Pursuing Guarantor Claim," Duane Morris Alert, February 27, 2013
- Co-author, "Third Circuit's Credit-Bid Decision's Impact upon Secured Lenders," Duane Morris Alert, March 25, 2010
- Speaker, "The Market & Industry Impacts on the Valuation of Healthcare Facilities," Appraisal Institute Fall Conference, November 1, 2012
- Speaker, "Deposition Preparation Seminar," Client Seminar, October 25, 2012
- Moderator, "13th Annual Trigild Fall Lender Conference," San Diego, October 17, 2013
- Speaker, "Living Receiverships: Cases with Specialized Medical Licensing and Leasing Issues," The Bay Area Chapter of the California Receivers Forum, San Francisco, June 20, 2012
- Speaker, "Medical Marijuana Leases and the Impact on REO Property," Client Seminar, June 7, 2012
- Speaker, "What to Consider in Your Receiver Order," California Receivers Forum, May 13, 2010
- Speaker, "Bankruptcy and Creditors' Rights Issues in Construction Law," DRI Construction Law Seminar, September 10, 2009