Zachary D. Prendergast

Zachary Prendergast's Profile Image
Phone: (513) 721-3330

Mr. Prendergast represents clients at all states of corporate and commercial transactions. His clients include businesses, individuals, financial institutions, special servicers, REIT’s, commercial leasing companies, and acquirers of commercial debt.

Mr. Prendergast’s practice focuses on general corporate, finance, and real estate transactional matters. In addition to his general transactional practice, one of his main focuses has been advising clients, particularly lenders, on resolving distressed and non-performing commercial loans. He has counseled clients in out-of-court workouts and restructurings, foreclosure litigation, receiverships, bankruptcy, and the management and disposition of REO property. Mr. Prendergast also represents court-appointed receivers and acquirers of property out of receivership.

Mr. Prendergast is admitted to practice law in Ohio, Indiana, Kentucky, and Michigan. He otherwise maintains a national practice and has counseled clients on transactions all over the United States.

Areas of Practice

  • Corporate
  • Real Estate
  • Commercial Finance
  • Financial Institutions
  • Leasing
  • Commercial Litigation
  • Creditors’ Rights
  • Bankruptcy

Bar Admissions

  • Ohio
  • Kentucky
  • Indiana
  • Michigan

Representative Matters

  • Counsel for noteholders on foreclosure and subsequent deed in lieu of foreclosure transactions for $186 million in loans secured by a portfolio of shopping centers in Ohio and Indiana
  • Local counsel for seller in $32 million sale of an office tower in Louisville, Kentucky
  • Counsel for noteholders in out-of-court workout of $7.5 million in loans secured by residential and commercial property in Indiana
  • Counsel for acquirer of $1.8 million in loans secured by golf course in suburban Cincinnati, Ohio
  • Counsel for both sellers and buyers on multiple loan sale transactions
  • Counsel for seller in $1.3 million sale of strip center in Wisconsin
  • Counsel for seller in $2 million sale of medical office building in Michigan, including documentation of seller financing
  • Counsel for court-appointed receiver of Terrace Plaza Hotel in Cincinnati, Ohio
  • Counsel for lender in documenting and closing $2 million loan secured by horse farm in Kentucky
  • Counsel for noteholder in $21 million foreclosure of an office tower in Lexington, Kentucky
  • Counsel for noteholder in obtaining state court judgment and appointment of receiver on $7 million line of credit secured by equipment and business assets, and in obtaining dismissal of borrower’s subsequent chapter 11 filing
  • Counsel for noteholder in obtaining summary judgment on $1.2 million loan over opposition of guarantors, a junior lienholder, and a lessee challenging standing and lien priority
  • Counsel for noteholder in successfully defending appeal of $1.7 million cognovity judgment in 2010-1 CRE Venture, LLC v. Costanzo, 2011-Ohio-3530.
  • Counsel for appellee in successfully defending appeal of judgment in BWIP Recreation Owner L.L.C. v. Applewood Village Condominium Assn., Inc., 2016-Ohio-1430

Education

  • Marquette University, Honors B.A., 2003
  • University of Toledo College of Law, J.D., magna cum laude, 2006

Publications

  • Indiana Chapter, Trigild Deskbook: Guide to Receivership & Foreclosure (6th ed. 2018)

Speaking Engagements

  • Speaker, Commercial Purchase/Sale Agreement Disputes and Litigation, National Business Institute (March 2017)
  • Speaker, Foreclosure Defense Strategies, National Business Institute (March 2017)
  • Panelist, Legal Update Panel, Trigild Lender Conference (April 2017)
  • Panel Moderator, Latest Trends in Workouts and Enforcement, Trigild Lender Conference (October 2017)
  • Speaker, The Nine Most Problematic Parts of Real Estate Purchase and Sale Agreements, National Business Institute (December 2017)
  • Speaker, Title and Title Insurance Explained, National Business Institute (June 2018)
  • Speaker, Real Estate Closings 101, National Business Institute (June 2018)
  • Speaker, Tax Matters in Real Estate, National Business Institute (June 2018)

Professional and Community Involvement

  • Ohio State Bar Association
    • Member, Council of Delegates
  • Cincinnati Bar Association
    • Cincinnati Academy of Leadership for Lawyers, Class XIX
  • Indiana Bar Association
  • Kentucky Bar Association
  • State Bar of Michigan
  • Member, Tri-State Association for Corporate Renewal
  • Board Member, Cincinnati Children’s Choir (2014-2017)

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