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Paul B. Barton, JD, MBA

Paul Barton's practice is concentrated in real estate and commercial finance law, assisting developers, lenders, and owners in transactional matters as well as related litigation. His practice includes real estate acquisition and development, real estate finance, real estate leasing, and other matters.

Mr. BartonĂ­s litigation practice includes contract disputes, loan workouts, foreclosures, receiverships, lender liability, construction defects, title disputes, landlord and tenant disputes, and other matters. He also represents clients in complex commercial litigation cases involving securities fraud, Ponzi schemes, officer and director liability, and minority shareholder disputes, and other matters.

Prior to law school, Paul worked for several years as a financial analyst with Coca-Cola Enterprises in its Phoenix, Arizona regional office. His M.B.A degree and business experience provide a unique and uncommon insight into the needs of each client and how best to resolve their issues to obtain practical and permanent solutions.

Recognition

  • Oregon Super Lawyers: "Rising Star" in Real Property Law (2012, 2013)

Practice Highlights

Commercial Loan Workouts, Foreclosures and Litigation

  • Represented hundreds of tenant-in-common investors across the country in negotiating loan workouts and defending against personal liability and other claims, including receiverships.
  • Represent a national bank in conducting its judicial and non-judicial foreclosures of single family home developments; litigate and defend various related claims (e.g. lien disputes, subordination of interests, etc.).

Real Estate Leasing

  • Negotiated numerous office leases for Clearwire, a national telecommunications company, in more than a dozen states.
  • Negotiated retail leases for a local Dutch Bros. franchisee.
  • Negotiated 25,000 sq. foot office lease in downtown Portland for growing engineering company.

Real Property Acquisition and Disposition

  • Represented over 30 tenant-in-common owners in selling the Sunset Media Tower in Hollywood, California in a $76 million dollar deal.
  • Represented a healthcare company in financing and acquiring a skilled nursing home and assisted living facility in Arizona in a $7.25 million dollar deal.
  • Represented the seller of a church and ecclesiastical school in Oregon in a $4.25 million dollar deal.
  • Represented a REIT in the acquisition of a 10-story commercial office building in North Carolina in a $7.7 million dollar deal.

Real Estate Lending

  • Represented tenant-in-common owners in rolling up into a limited liability company and refinancing commercial office property in North Carolina in a $4 million dollar deal.
  • Represented real estate investment client in refinancing several commercial properties, including loans obtained through HUD.

Real Estate Development

  • Assisted developer in finalizing a condominium development by Drafting and filing the various regulatory documents, conditions, covenants, and restrictions, and bylaws.
  • Converted a condominium development to townhomes and single family homes.
  • Represented an association of residents in incorporating a municipality in Utah.

Real Estate Property Disputes

  • Litigated easement rights on behalf of a land-locked commercial client.
  • Represented a real estate development company against adverse title claims related to the existence and scope of an easement.
  • Successfully defended a client against adverse possession claims.
  • Defended various real estate development companies in Arizona against deficiency actions related to foreclosed real estate property in Arizona, including claims for an $8 million dollar and $1.2 million dollar deficiency.
  • Represented commercial property owner regarding a nuisance action related to water intrusion.
  • Represented airplane hangar owner regarding a nuisance action against a city relating to water intrusion and collapsible soils.
  • Represented real property owners in a boundary dispute against sellers.

Corporate and Partnership Acquisitions and Litigation

  • Drafted and negotiated multiple limited partnership acquisition agreements.
  • Represented minority shareholder owners in a dispute over payments owed under senior promissory notes and the possible liquidation of a natural food distribution company.
  • Represented minority shareholder in the disposition of his shares after being shut out from management decisions.

Real Estate Investment and Securities Fraud

  • Defended a residential real estate development company and its directors against claims of securities fraud relating to a 535-lot subdivision in Arizona.
  • Represented over 30 investors against 90 plus defendants in a multi-million dollar real estate and securities fraud matter involving commercial retail shopping centers located in Arizona and California.
  • Represented companies and individuals accused of running a $35 million dollar Ponzi scheme involving concert promotions in Arizona.
  • Represented investors in a securities fraud action related to unsecured promissory notes used to finance the refurbishment of residential real estate.

Construction Defect/Disputes

  • Defended developer against water intrusion issues related to the construction of a single family home.
  • Represented an engineering company against claims relating to liability on construction contracts.
  • Represented contractors and subcontractors in foreclosing construction liens against properties.
  • Represented homeowners in a breach of contract and fraud action against a developer for its failure to disclose the presence of expansive soils on their property.
  • Defended developers and sellers against breach of contract and fraud actions related to their failure to disclose the presence of expansive soils on their properties.

Contract Litigation

  • Represented a cancer doctor in an effort to collect over a million dollars in unpaid compensation.
  • Represented employer in enforcing non-compete and non-disclosure agreements.
  • Represented a commercial property owner regarding the lapse of a multi-million dollar lease option. Education

Reported Decisions

  • Hansen v. Fidelity National Title, 2012 WL 1605618 (D. Or. May 8, 2012)

Education

  • J.D., S.J. Quinney College of Law at the University of Utah
    • National Moot Court Team
    • Best Individual Oralist, 56th National Moot Court Competition, Region XI
    • Witkin Award for Legal Writing
  • M.B.A., W.P. Carey School of Business at Arizona State University
  • B.S., Economics, Brigham Young University

Admissions

  • Utah, 2006
  • Arizona, 2008
  • Oregon, 2010

Community Involvement

  • J. Reuben Clark Law Society: Board Member (2010-2013) and Treasurer (2012-2013)

Contact


503-941-9624 direct
503-686-9587 cell
Downloadable V-Card

4949 Meadows Road, Suite 600, Lake Oswego OR 97035 | 503-968-8200 office | 503-968-8017 fax

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