Michelle L. Santoro
Michelle L. Santoro concentrates her law practice in New York real estate law and commercial lending. She is a member of various practice groups, including our Commercial Finance and Real Estate Transactions groups. Her clients include a variety of institutional lenders, investment banking firms, developers, mortgage banking firms, closely-held and public corporations, limited liability companies, real estate management and operating companies, loan servicing companies, municipalities and individuals. In addition to her work on New York real estate transactions, Michelle represents lenders and borrowers in all aspects of commercial lending, including negotiating, documenting and closing commercial loans and mortgage loans. Michelle is also a member of our Commercial Litigation and Trusts & Estates groups and her work has included many aspects of the field, including complex discovery and depositions and environmental litigation.
Michelle gives back to her community in different ways. Beyond her participation in various bar associations, she is a member of the Westchester Village Kiwanis and a member of the Meeting House Hill School. In addition, Michelle is a volunteer catechist for St. Edward the Confessor Church’s Faith Formation Program.
Areas of Experience
- Representation of Banks and Other Lenders on Commercial Lending Transactions
- Lending through Sophisticated Commercial Lending Financing Techniques, such as Sale and Leaseback, Leasehold, Mezzanine and Industrial Bond Financing
- Secured and Unsecured Corporate Lending, including Revolving Credit Facilities, Term Loans, Credit Lines and Letters of Credit
- Residential Transactions, including Purchase and Sale of Improved Real Estate
- Trusts and Estates Work, including Estate Planning
- Surrogate’s Court Litigation
- Representation of Corporate and Business Entities
- Commercial Litigation
- Municipal Law Litigation
Often, controversies in families arise as to gifts allegedly made by a decedent during his or her lifetime. Such controversies frequently result in a property turnover proceeding in the Surrogate’s Court to deal with such alleged gifts. Here, McCarthy Fingar lawyers, Gail M. Boggio and Michelle L. Santoro, successfully opposed a summary judgment motion that sought dismissal of a property turnover proceeding brought by our client as Temporary Administrator of the decedent’s Estate and Co-Trustee of the decedent’s irrevocable trust. The turnover proceeding demanded that the Estate’s Executor/Co-Trustee, who was also an estate and trust beneficiary, turn over property belonging to the estate and trust. In addition to summary judgment, the Executor/Co-Trustee also sought to have our client’s interest in the decedent’s trust forfeited due to a claimed violation of its “no contest” clause, and to have our client personally pay the executor’s legal fees. The court denied the motion in its entirety because the Executor/Co-Trustee failed to meet her burden that she was entitled to summary judgment as a matter of law and that issues of fact exist that would preclude summary judgment. In a related matter, the court similarly denied the movant’s (the Executor/Co-Trustee) request to vacate a temporary restraining order whereby the movant is precluded from utilizing funds and encumbering property whose sources are from the purported gift, requesting that our client post an undertaking and sought to surcharge our client.[Read in full]
Representation of Private Banking Client, as Lender, in a $18.8 Million Multi-State Secured Financing
Commercial Finance – Secured Lending – Multi-State Financing
Our commercial finance lawyers sometimes represent banks in transactions involving multiple parcels in multiple states. In one such transaction, Joe Harrington and Michelle Santoro represented one of the firm’s private lending clients on a multi-loan transaction, totaling $18.8 million, secured by four parcels in 3 states.
Representation of a Private Lending Client, as Lender on a Defaulted loan
Commercial Finance – Commercial Foreclosure
Our commercial finance lawyers sometimes represent private lenders in foreclosure actions. Here, Michelle L. Santoro represented one of the firm’s private lending clients on a defaulted commercial mortgage, successfully obtaining a final judgment of foreclosure and sale. The property was later acquired by the lender and a private sale took place.
Commercial foreclosure, then Negotiation & Documentation of Work-Out/Modification of a Defaulted Mortgage Loans for private lender
Commercial Finance – Successful Work-Out/Modification of Defaulted Mortgage Loans
In addition to closing commercial loan transactions for its banking clients, the firm from time to time assists those clients and private lenders with commercial foreclosures, which sometimes leads to the work-out and/or modification of a problem loan. On behalf of one of the private lending clients, Michelle L. Santoro, with the assistance of Joseph P. Harrington, successfully obtained a final judgment of foreclosure and sale; however, on the eve of the scheduled sale, negotiated and documented a settlement and modification of the defaulted loans, to be secured by a first mortgage on a community center, thereby enabling the client to convert the defaulted loans into a performing asset.