Steven Casselberry
Partner
Services & Specializations
Admissions
California;
US Court of Appeals, 9th Circuit;
USDC, Central District of California;
USDC, Eastern District of California;
USDC, Northern District of California;
USDC, Southern District of California
Address
200 Spectrum Center Drive, Suite 1650, Irvine, CA 92618
Office Tel.
949.705.0662
Overview
Steve represents clients in the financial services, real estate and title insurance industries. His financial services clients include community and regional banks, as well as mortgage bankers, brokers, lenders and investors. Steve’s legal services include mitigation, litigation, bankruptcy, foreclosure, and loan and fraud investigation matters as well as business venture formations, problem loan workouts and acquisition of loans in bulk. With his deal-making and litigation experience, creditors often recruit him to resolve complex disputes and recover millions from debtors.
Steve also counsels real estate developers, acquirers, contractors and individual investors in matters involving the acquisition, development and finance of real property, and represents real estate management, title insurance, escrow and construction companies. He routinely establishes joint affiliations compliant with the Real Estate Settlement Procedures Act (RESPA).
- Appellate Action: Obtained a reversal on appeal for a banking client, ensuring its participation in a large construction loan in Los Angeles County was not rescinded after a dispute arose.
- Collateral Preservation Litigation: Successfully represented a bank in defending a claim that it had failed to properly preserve personal property collateral, obtaining summary judgment against the creditor of the borrower.
- Creditors’ Rights: Obtained a $6.5-million judgment on behalf of our client against a guarantor that had asserted claims of lender liability and alleged failure of the bank to properly obtain “Gradsky Waivers.”
- Foreclosure: Successfully represented a large regional bank headquartered in California in a foreclosure and liquidation of collateral and obtained a deficiency judgement against a borrower that refused to cooperate after default.
- Health Care Collection: Represented a bank client collecting on a defaulted loan made to an outpatient surgical center, which was guaranteed by over 20 sponsoring doctors.
- Loan Sales: Regularly handle acquisition and sales of individual loans and loan portfolios to both accredited and nonaccredited buyers, including loans that are unsecured and those secured by real or personal property, as well as loans performing, under-performing, non-performing and in default.
- Participation Agreement: Represented a participant lender in a $105 million construction loan on a multifamily development in Newport Beach, with the loan closing less than one week after the participants were identified and committed to the transaction.
- RESPA Compliance: Represent numerous entities in establishing RESPA-compliant joint affiliations for escrow companies approved by the California Department of Business Oversight, usually involving the affiliation of a nationally recognized underwriter title company and local real estate brokers, agents or real estate lenders.
- Best Lawyers®, Mortgage Banking Foreclosure Law, 2016-present
- JD, American University Washington College of Law, 1976
- BA, University of California, Los Angeles, 1972
- Panelist. “Commercial Real Estate: Southern California, 2024 and Beyond,” Risk Management Association Orange County Chapter, Newport Beach, CA, May 22, 2024.
- Co-author. “California Appellate Court Invalidates the Ability to Obtain Default Interest on Loans That Have Not Matured,” January 31, 2023.
- Author. “Has The Erosion Of The Parol Evidence Rule In California Impaired Banks’ Ability To Enforce The Terms Of Their Loan Documents?” February 8, 2017.
- Author. “Cyber Crime In The Banking Industry,” May 27, 2015.
- Co-author. “Decon Makes Deeds in Lieu of Foreclosure a More Attractive Option in California for Lenders,” Bloomberg BNA: Banking Report, October 7, 2014.
- Author. “Bank Liability Varies Depending on Cyber Crime Details,” RMA Journal, October 1, 2013.
- Author. “Cyber Crime: Bank Liability for Third Party ‘Hacking’ Losses,” RMA OC Newsletter, October 1, 2013.
- Risk Management Association Orange County Chapter, Board of Directors
- California State Bar Association
- Orange County Bar Association
- “Long-time title attorney made partner at California law firm,” The Title Report, April 23, 2024.
- “On the Move,” L.A. Daily Journal, December 1, 2022.
- Boyles, Sumer. “Procopio Welcomes Steve Casselberry to its Orange County Office,” Orange County Business Journal, November 7, 2022.