Michael V. Capellupo

Associate
  • Commercial Real Estate Lending
  • Commercial Real Estate Transactions
  • Distressed Debt Transactions
  • Foreclosure

Overview

Michael Capellupo is an Associate in in K&F’s Litigation Group and focuses his practice primarily on real estate litigation, commercial real estate financing, distressed assets, and workouts. These matters often involve multimillion dollar properties, numerous parties, and complex legal strategies.

Skilled at guiding his clients through the volatility of the real estate market, Michael recognizes his clients’ needs for an all-inclusive attorney who has both a business mindset to negotiate complex business terms and a litigation background to anticipate and resolve issues if the deal does not go as planned. He is highly knowledgeable in the procedures and pitfalls of the New York State court system, where the majority of New York real estate disputes are adjudicated, and leverages his experience to advise clients and expeditiously navigate the litigation process. Michael skillfully represents a wide range of lenders, including national banking institutions, thrift associations, investment management firms, and private investors.

During the COVID-19 pandemic, Michael expanded his already growing practice in secondary market loan transactions and collateral “loan-on-loan” financing, where his litigation experience provides an unparalleled insight into the validity and enforcement of underlying loan documents, clouds on title, pending litigation, and other aspects of the due diligence process. Michael’s experience and perception has been key to closing many high stakes, multimillion dollar financing transactions involving properties throughout the country.

Prior to joining K&F, Michael was an Associate with Berkman, Henoch, Peterson, Peddy & Fenchel, P.C., a prominent mid-level real estate firm on Long Island where he handled all litigation aspects of the regional distressed asset portfolios of national mortgage servicers including Bank of America, US Bank, and Wells Fargo. He also practiced with Bruce J. Bergman, a leading authority on real estate litigation and author of the practice treatise, Bergman on New York Mortgage Foreclosures.

Michael’s comprehensive real estate experience has led him to being selected as a Top-Rated Real Estate Attorney, and Michael has been named for three consecutive years to the highly prestigious list of Super Lawyers ® Rising Stars. Michael earned his J.D. from Fordham University School of Law, is a native New Yorker, and is an active community member in his hometown of Bayside, Queens.

Representative Matters

  • $380MM collateral financing for commercial construction mortgage loans on portfolio of properties, including an 820,000 square foot five-star hotel, residential condominium, retail, and office development project in Portland, Oregon, and a 256,000 square foot office, retail, parking and multifamily development project in Las Vegas, Nevada.
  • $129MM purchase of commercial mortgage loans on portfolio of multifamily properties in Santa Monica and Los Angeles, California.
  • Rosemont Properties, LLC v. IP Realty, LLC, 2019 WL 2912855 (N.J. Super. Ct. App. Div. July 8, 2019) (rejecting junior mortgage lender’s arguments that the amount of the senior mortgage lien must be reduced by the value of additional collateral which the senior mortgage lender released for no consideration, and that the two real properties which secured the senior mortgage lien must be equitably marshalled), cert. granted, 220 A.3d 1002 (N.J. 2019), and appeal dismissed following oral argument, 230 A.3d 218 (N.J. 2020).
  • Eastern Savings Bank, FSB v. Campbell, 90 N.Y.S.3d 212 (N.Y. App. Div. 2d Dept. 2018) (reversing vacatur of judgment of foreclosure and sale because borrower’s settlement of deficiency judgment constituted consent to the court’s jurisdiction).
  • Central Mortgage Company v. Davis, 53 N.Y.S.3d 325 (N.Y. App. Div. 2d Dept. 2017) (holding that the plaintiff’s possession of the promissory note with an endorsement in blank was sufficient to establish standing, even though the plaintiff was the servicer, not the owner, of the mortgage loan).

Honors & Awards

  • Selected to New York Metro Super Lawyers® Rising Stars, 2019-2021

Professional Experience

  • Berkman, Henoch, Peterson, Peddy & Fenchel, PC, Associate

Publications & Speaking Engagements

  • Fordham Journal of Corporate & Financial Law

Education

Fordham University School of Law, J.D.

  • Archibald R. Murray Public Service Award
  • Fordham Journal of Corporate & Financial Law

City University of New York, Queens College, B.B.A., International Business

  • magna cum laude

 

Admissions

  • State of New York
  • State of New Jersey
  • U.S. Court of Appeals for the Second Circuit
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the District of New Jersey