Keith M. Brandofino

Keith Brandofino focuses his practice on litigation and loan servicing matters relating to commercial mortgage backed securities. He has extensive experience in the representation of financial institutions and special servicers in connection with distressed real estate loans and the disposition of commercial properties. This includes creditor representation related to non-performing commercial loans and mezzanine loans involving the exercise of remedies, such as receiverships, replevin, judicial and non-judicial foreclosures, workouts, litigation, contested bankruptcy matters and UCC sales. Mr. Brandofino has protected lenders' interests in loans collateralized by hotels, retail, office, industrial, multifamily, healthcare properties, ground leases, and pledged interests in personality.

Mr. Brandofino has represented financial institutions in lender liability actions involving claims related to breach of contract, fiduciary duty, implied duty of good faith, fraud, misrepresentation, partnership-joint venture, and waiver-estoppel modification. He has also represented parties in business disputes involving contracts, floorplan financing, franchise agreements, real estate, and shareholder issues. He practices in the state and federal forums, and before the American Arbitration Association panels.

He also has extensive experience representing title insurance companies including claims asserted against their insureds such as property owners and lenders. Such matters include fraudulent deeds and mortgages, quiet title actions, adverse possession claims, lien priority disputes, and boundary claims disputes.

His experience also includes representing landlords and tenants in commercial litigation matters, including ground lease disputes, eviction, holdover, breach of contract, rent reconciliation, and reformation claims.

Mr. Brandofino was recognized in the 2013 edition of New York Metro Super Lawyers by Thomson Reuters in the areas of Bankruptcy & Creditor/Debtor Rights, Business Litigation, and Real Estate, and was recognized again in 2020 and the six years immediately preceding in the area of Creditor/Debtor Rights.

Representative Experience

• Defended bank against claims that it breached commitment letter by failing to lend
• Brought claims for eviction based upon tenant’s use of building in violation of building code and zoning
• Brought claims for eviction and damages against tenant that breached its obligation to open a 5th Avenue Retail property
• Represented lender in the recovery of a $189 million loan secured by eight hotels in six different U.S. states
• Defended eviction claim based upon tenant’s alleged failure to obtain landlord’s consent to a structural alteration
• Represented bank defending claims that it violated Fair Credit Reporting Act by failing to accurately report consumer’s payment history
• Litigated responsibility for repairs to common areas
• Defended bank against claims that it violated loan documents by failing to advance reserves for capital improvements
• Represented lender in preserving its lien property over claims that mortgage was fraudulently obtained
• Represented foreign bank in the recovery of a $30 million credit facility principally secured by an industrial plant in Brazil
• Represented lender in the recovery of vehicles following discovery of borrower’s scheme to sell vehicles out of trust