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Timothy J. Patenode

Partner
timothy.patenode@kattenlaw.com
Chicago Office
p+1.312.902.5539
f+1.312.902.1061
Overview

Timothy J. Patenode is the head of Katten's Chicago Real Estate Litigation practice and serves as Deputy General Counsel to the firm’s Chicago office. Tim is an accomplished commercial litigator with a concentration on significant and complex real estate disputes.

Tim’s lender practice focuses on debt and collateral recovery. His developer practice centers on construction defects, delays and payments as well as zoning issues. His experience spans multiple business cycles. He represents major real estate investment trusts, national and regional banks and high-profile insurance companies in matters throughout the United States. In the 2008–2009 real estate recession, he handled, or provided counsel on, nearly 100 foreclosures, debt recoveries and lender liability claims involving billions of dollars in loans for projects, including major condominium developments in Florida, Nevada, Washington, DC, and Chicago; raw land in Maryland, Virginia, Michigan and Arizona; golf courses in Florida and Ohio; and hotels in Hawaii.

He has lectured to law school classes and is the author of chapters published by the Illinois Institute for Continuing Legal Education in Mortgage Foreclosure Practice and Commercial Landlord-Tenant Practice

Shown below is a selection of Timothy’s engagements.

Experience
  • Representation of the owner-landlord of a major downtown Detroit parking garage in right of first refusal and breach of lease claims against tenant.
  • Representation of a major golf course lender in the foreclosure of two prominent Columbus, Ohio courses and in the defense of lender liability counterclaims.
  • Representation of a lender in related actions to foreclose a Florida condominium project and terminate note purchase agreement.
  • Representation of a lender in a collection of five cases pending in federal district courts in Manhattan and Arizona and state courts in Arizona and Texas arising out of a failed resort/residential development in the Phoenix area and involving loan default, conditions precedent to draw requests, fraud, fraudulent transfers, violation of transfer prohibitions and unjust enrichment.
  • Representation of a lender/purchaser of Chicago suburban commercial property regarding a foreclosure and counterclaim for alleged breach of contract and negligent misrepresentation.
  • Representation of unit owners in the foreclosure of $34 million of general contractor mechanic's lien claims and $12 million of associated subcontractor mechanic's lien claims involving a luxury condominium project in Chicago's Gold Coast neighborhood, together with the associated construction and constructive trust claims.
  • Representation of an owner of 400 acres of undeveloped lakefront land in western Michigan in constitutional claims against the local township arising out of down-zoning of the property. Provided counsel on earlier state court matters for partition and declaration of access easement.
  • Representation of a developer of a luxury condominium project in the Gold Coast neighborhood of Chicago regarding alleged defects in the construction of the plumbing system, involving statute of limitation, exculpatory clause defenses, and related indemnity and construction claims against architects, engineers, contractors and the predecessor developer.
  • Representation of a mezzanine lender that took over the operation of a luxury golf course on Florida’s Gulf Coast against fraud, negligent misrepresentation and breach of contract claims by club members arising from the course’s closure.
  • Representation of a purchaser of a $70 million junior mezzanine loan in collection on guarantees and membership pledges.
  • Representation of investors in a limited liability company in breach of fiduciary duty and fraud claims against the managing member arising out of diversion of company assets.
  • Representation of an optionee on an action to exercise the option to purchase Chicago commercial property and related tortious interference claims.

Recognition

Super Lawyers, 2007, 2009–2018

Leading Lawyers Network

Leading Lawyers Network, Top 250 Leading Business Lawyers in Illinois, 2014
Timothy J. Patenode

Education

  • JD, Northwestern University School of Law
  • BA, Northwestern University

Bar Admissions

  • Illinois

Recognition

Super Lawyers
2007, 2009–2018

Leading Lawyers Network

Top 250 Leading Business Lawyers in Illinois, 2014
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Memberships

  • American Bar Association
  • The Chicago Bar Association

Practice Recognition (alternating images): Best Lawyers: Best Law Firms & Law Firm of the Year

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