- Of Counsel
Michael A. Trentadue is Of Counsel with Clapp Ferrucci. Mr. Trentadue is a creditor's rights and real estate lawyer with an emphasis on foreclosure, tax sales and complex real estate litigation.
Prior to joining Clapp Ferrucci, Mr. Trentadue practiced with Bose McKinney & Evans LLP for more than 27 years (approximately 20 of those years as a partner). During the last 20+ years at Bose he was a member of the Creditor's Rights department and handled all aspects of consumer and commercial mortgage foreclosure litigation on residential, commercial and farm properties for banks, insurance companies and private lenders. Mr. Trentadue successfully dealt with issues relating to loan document provisions, title defects, survey inconsistencies, mechanic's liens, judgment liens, tax liens, other encumbrances and lien priorities. In connection with his foreclosure practice Mr. Trentadue has argued at mediation, receivership, summary judgment and other hearings and negotiated and drafted settlement documents, loan modification agreements and forbearance agreements. He has also obtained receivers over property being foreclosed and has obtained permission for receivers to take extraordinary action, including remediation of flooded structures, completion of construction on uncompleted condominiums, general renovation of commercial property and sale of the real estate by the receiver.
Mr. Trentadue represents mortgage lenders and other creditors in Chapter 7, 11, 12 and 13 bankruptcy proceedings in foreclosure and other cases and has reviewed financial documents, pleadings and other information; examined debtors; conducted investigations; filed motions and claims and appeared at hearings in support of his clients' positions. He has also represented manufacturing creditors in large Chapter 11 bankruptcies relating to the automobile industry in New York, Michigan, and Ohio with regard to plan confirmation and claim objections, and has defended his clients in preferential transfer adversary proceedings. Mr. Trentadue served as an Interim Chapter 7 Bankruptcy Trustee during 1988 and 1989.
In addition to foreclosure actions Mr. Trentadue has also appeared in state (including appellate), federal and bankruptcy courts, in other litigation cases primarily relating to real estate and creditor's rights issues, including real estate condemnations, partition actions, tax sales and collection cases. The tax sale litigation included invalidating tax sales, obtaining surpluses and structuring resolutions with tax sale purchasers. Mr. Trentadue recently completed the liquidation of more than 35 mobile homes through execution proceedings on a secured lender's judgment and in doing so addressed issues relating to federal tax liens, state personal property taxes and bureau of motor vehicles requirements.
Prior to building his foreclosure practice, Mr. Trentadue negotiated and documented commercial real estate transactions on behalf of lenders and has assisted a bank in selling its mortgages and REO properties. He has advised banks on customer issues including loans, accounts, suspicious activities and consumer credit issues, and has consulted on Fair Debt Collection Practices Act matters.
Mr. Trentadue received a Bachelor of Science degree in mechanical engineering from the University of Notre Dame in 1982 and his Juris doctorate, cum laude, from the University of Illinois College of Law in 1985.
During his time at Bose McKinney & Evans LLP Mr. Trentadue also presented numerous seminars in-house for title companies and clients of the firm and for Professional Education Systems Institute, Indiana Land Title Association, Lorman Business Center, National Business Institute, Indianapolis Bar Association and Indiana Continuing Legal Education Forum on various topics including real estate law, lien priorities, legal descriptions, surveys, title insurance, mortgage foreclosure, mortgage lending, obtaining clear title, the Fair Debt Collection Practices Act, secured lending under Article 9, the Fair Credit Reporting Act and other topics involving real estate, lending and creditor's rights.
Outside of Clapp Ferruci, Mr. Trentadue coaches a high school mock trial team at Heritage Christian High School and has assisted with the mock trial program there since 2009. He has judged high school mock trial at regional, state and national competitions. He enjoys repairing CCTV equipment used by visually impaired students, woodworking, bicycling, shooting trap and skeet and scuba diving.
Areas Of Practice
- Creditor's Rights
- Real Estate Litigation
- Tax Sale Litigation
- Indiana, 1985
- U.S. District Court Northern District of Indiana
- U.S. District Court Southern District of Indiana
- U.S. Bankruptcy Court Northern District of Indiana
- U.S. Bankruptcy Court Southern District of Indiana
- U.S. Federal Courts, 1985
- University of Illinois College of Law, Champaign, Illinois
- J.D. - 1985
- Honors: cum laude
- Honors: With Honors
- University of Notre Dame, Notre Dame, Indiana
- B.S. - 1982
- Major: Mechanical Engineering
- Construction Lender's Lien Priority Protection, Hoosier Banker, August, 1999
- Concessions and the Defaulting Tenant: Reducing the Risk to Landlord, Indianapolis Business Journal
- "Loan Transactions and Foreclosures"
- "Mortgage Lending: Documentation, Foreclosure and Bankruptcy"
- "Foreclosure Process and Loan Calculations"
- "Mortgage Foreclosure"
- "Advanced Real Estate Law in Indiana"
- "Concessions and the Defaulting Tenant: Reducing the Risk to Landlord"
- Presenter, "Attorney’s View of Foreclosure", Indiana Land Title Association, 2010 to 2010
- Presenter, "Is Your Firm Considered a Debt Collector", Indianapolis Bar Association, 2007 to 2007
- "Foreclosures," paper delivered at the 2002 "Indiana Mortgage Lending: Documentation, Foreclosure and Bankruptcy", Professional Education Systems Institute, LLC., 2002 to 2002
- "Attorney's View of Foreclosure," paper delivered at the December 2001 "Bankruptcy and Foreclosure", Indiana Land Title Association, 2001 to 2001
- "Legal Descriptions, Surveys and Title Insurance," paper delivered at the September, 1992 "Basic Real Estate Law in Indiana", National Business Institute, Inc., 1992 to 1992
- "Priorities among Competing Liens," paper delivered at the March, 1992 "Foreclosure Law and Practice", Indiana Continuing Legal Education Forum, 1992 to 1992
- "Securing Free and Clear Title," paper delivered at the September, 1991 "Advanced Real Estate Law in Indiana", National Business Institute, Inc., 1991 to 1991
- "Loan Transactions and Foreclosures", Professional Education Systems Institute
- "Foreclosure and Bankruptcy Issues from a Title Company Perspective", First America Title Insurance Company in-house seminar
- "Foreclosure Process and Lot Calculations", First Indiana Bank in-house seminar
- Construction Lender's Lien Priority Protection, Hoosier Banker
- Foreclosure, Indiana Land title Association
- Mortgage Foreclosure, Lorman
- "Concessions and the Defaulting Tenant: Reducing the Risk to Landlord", Indianapolis Business Journal
Professional Associations and Memberships
- Indianapolis Bar Association, Member