Mark A. Silverman

Most of Mark Silverman’s clients have one thing in common—they want to get paid what they're owed. When borrowers and guarantors fail to meet their obligations, financial institutions, commercial mortgage-backed securities (CMBS) special servicers and other companies look to Mark to enforce those commitments, in or out of the courtroom.

Mark frames and resolves issues involving creditors’ rights, loan workouts, bankruptcy and loan enforcement. He advises large, midsized and small banks; financial institutions; and financial technology companies across the country, as well as the nation’s largest CMBS special servicers.

Mark’s loan enforcement and workout experience spans many sectors, including retail shopping centers and strip malls, hospitality and hotels, commercial and multi-family real estate, healthcare and medical facilities, industrial, manufacturing, transportation, along with more esoteric assets such as taxicab medallions and golf courses.

Although money is always at stake, there are often other issues in play. Mark thinks holistically about each situation, working backward from the desired outcome to determine the most effective way to recover debt through all facets of creditor’s rights litigation, including foreclosure, receivership, loan workouts and bad-boy carveout actions against guarantors.

He also represents creditors in bankruptcy proceedings and defends them from preference claims.

Usually six steps ahead of the opposition, Mark is known for delivering creative, high-value solutions, along with brutally honest guidance and straightforward counsel.

For lenders, he negotiates loan sales, pursues complex loan enforcement actions and defends clients from lender liability claims.

He is also highly regarded for representing receivers in complex receivership scenarios.

Mark also maintains an active commercial litigation practice, advocating for clients in contract disputes, complex post-judgment collection matters, fraudulent transfer claims, breach of fiduciary duty actions and alter-ego and veil piercing litigation and complex business divorce issues.‎

He represents social media and fintech companies in traditional and first-of-its-kind litigation over service agreements, merchant agreements, Section 230, bankruptcy and Uniform Commercial Code issues.

• Representation of several of the nation’s largest CMBS special servicers in contested foreclosure litigation, guarantor litigation and bankruptcy matters involving assets located in Illinois and in other jurisdictions around the country
• BMO Harris Bank, N.A. v. K&K Holdings, LLC – Briefed and argued in opposition to Defendants' motion to reconsider summary judgement in a complex bank recovery action defeating defendants' claim that the bank was barred by the doctrine of res judicata from enforcing a commercial guaranty in multiple counties. After briefing, the Appellate Court of Illinois, Second District affirmed the trial court's ruling.
• Represented financial institutions in loan enforcement matters on ABL, C&I and CRE credits both inside and outside of bankruptcy court
• Represent secured and unsecured creditors in bankruptcy adversary proceedings
• Negotiated recovery for a judgment creditor in a complex, multi-party post-judgment collection proceeding
• Represented a large financial institution in fraudulent conveyance actions in various counties across Illinois
• Obtained ruling for a banking client at an evidentiary hearing in a replevin action relating to automobile part seller
• Represented a property owner in multiple large-scale commercial forcible entry and detainer actions involving numerous corporate entities to ensure building was vacant for further renovation and disposition