Overview
Vivian Arias is a commercial litigator and real estate attorney who represents institutional lenders, including national banks, special servicers, and investment banks, in creditors' rights litigation, insolvency, loan restructurings and workouts in New York, New Jersey and Massachusetts. She focuses her practice on resolving real estate and lending disputes both in court, through securing appointment of receivers, litigating disputed foreclosures, and obtaining injunctive relief, and out of court, through Uniform Commercial Code (UCC) sales and negotiated and documented resolutions.
Ms. Arias also represents corporate and individual parties in contract and commercial disputes in arbitration and litigation in state and federal courts. She has substantial experience in all phases of commercial litigation, both at the trial and appellate levels, in disputes involving corporate breach of fiduciary duty, breach of contract and business torts.
Representative Experience
- Represented real estate mortgage investment conduit (REMIC) trusts, through special servicers, in commercial real estate foreclosure proceedings in New York and New Jersey
- Defeated efforts by pledgors of membership interests in borrower limited liability companies (LLCs) seeking stays of Uniform Commercial Code (UCC) sales of the membership interests following loan defaults
- Resolved an institutional lender's claims against a borrower for breach of contract, conversion and fraudulent conveyance in action before the U.S. District Court for the Southern District of New York
- Obtained appointment of receivers of all types of commercial properties including hotels, office buildings and shopping centers, in New York and New Jersey state and federal courts
- Represented a holder of dual collateral loan secured by commercial real estate in New York in Uniform Commercial Code (UCC) foreclosure sale of membership interests in borrower entity
- Represented a mortgagee in statutory non-judicial foreclosure of commercial property in Massachusetts
- Represented commercial mortgage-backed securities (CMBS) special servicers in connection with workouts, including modifications, loan sales, loan payoffs and sales of real estate-owned (REO) properties
- Represented a national lender in the restructuring of a multimillion-dollar loan secured by a lower Manhattan commercial property through a special servicer, including subordinate notes, a mezzanine loan and an intercreditor agreement
- Obtained dismissal of tort and contract claims against individual and corporate defendants in federal and state court actions
- Favorably resolved a lawsuit by a real estate mortgage investment conduit (REMIC) trust seeking repurchase of loan by loan originator following breaches of representations and warranties in mortgage loan purchase agreement
- Obtained a temporary restraining order from the Supreme Court of the State of New York in connection with the representation of the plaintiff in a partnership dispute
- Represented purchasers of defective mortgage loan assets in compelling specific performance by sellers
Credentials
- Fordham University School of Law, J.D.
- University of Miami, cum laude
- District of Columbia
- New Jersey
- New York
- U.S. Court of Appeals for the Second Circuit
- U.S. District Court for the District of New Jersey
- U.S. District Court for the Eastern District of New York
- U.S. District Court for the Northern District of New York
- U.S. District Court for the Southern District of New York
- U.S. District Court for the Western District of New York
- U.S. Bankruptcy Court for the Southern District of New York
- U.S. Bankruptcy Court for the Eastern District of New York
- U.S. Bankruptcy Court for the District of New Jersey
- Holland & Knight Diversity & Inclusion Committee, New York Office Co-Chair
- Hispanic National Bar Association
- Association for the Bar of the City of New York
- New York State Bar Association
- Leadership Council on Legal Diversity, Fellow, 2016
- The Legal 500 USA, Real Estate and Construction: Real Estate, 2018
- Rising Star, New York Metro Super Lawyers magazine, Bankruptcy & Creditor/Debtor Rights: Business, 2011-2021
- Empire State Counsel, New York State Bar Association
