1801 Century Park East Suite 2300, Los Angeles, CA USA 90067
Mark Mersel represents large and mid-sized corporations in complex business disputes in both state and federal courts and involving a variety of matters such as breach of contract, fraud, and business torts. He regularly represents financial institutions and the nation's largest servicers of securitized commercial mortgages in foreclosure, receivership, work-out, loan restructuring, bankruptcy, and lender liability matters involving retail centers, office buildings, hotels, residential projects, industrial parks, and other types of commercial properties.
Mark is an experienced bankruptcy lawyer and represents banks and other creditors in Chapter 11 reorganization cases. He handles all aspects of bankruptcy litigation and also assists clients in acquiring distressed assets. He also has extensive experience in representing banks, mortgage companies, and other financial institutions in defending consumer class action cases and other financial services litigation. In addition, Mark has broad experience in all types of real estate litigation and landlord/tenant disputes.
Mark regularly counsels clients regarding efforts to avoid or minimize the risks of litigation and has extensive experience in various alternative dispute resolution procedures.
Prior to joining the firm, Mark was a partner in the Irvine, California office of an international law firm where he focused his practice on complex commercial litigation and bankruptcy. Previously, he was an associate and then a partner in the Irvine, California office of an international law firm in its Commercial Litigation Department where he handled major business disputes, class actions, energy litigation, financial services litigation, and bankruptcy litigation.
While attending law school, Mark was a member of the Communications and Entertainment Law Review and served as a judicial extern for the Honorable Mariana R. Pfaelzer in the U.S. District Court for the Central District of California. He was also named a “Featured Alumni” of the school.
Mark is a frequent speaker and writer on topics related to commercial litigation, real estate, and bankruptcy law, and is a contributing author of the treatise Mortgage and Asset Backed Securities Litigation Handbook.
Mark was recognized in 2026 and every year since 2020 by The Best Lawyers in America® for Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law and Bankruptcy Litigation. He is rated AV Preeminent® by Martindale-Hubbell.
Experience
*Lead counsel for a California full-service bank in a reported decision which defeated the borrowers’ and guarantors’ "sham guaranty" defenses under California law in a case where we obtained a deficiency judgement in excess of $13 million.
*Lead counsel for special servicer in connection with chapter 11 bankruptcy cases and state court litigation involving $110 of senior debt secured by an office tower and shopping center in the Los Angeles area, including achieving dismissal of lender liability claims and obtaining a very favorable consensual plan of reorganization for full repayment of the debt.
*Lead counsel for special servicer in connection with $57 million debt secured by an office tower and two shopping centers in Roseville, California, achieving stay relief in chapter 11 cases, foreclosing on all three properties, defeating lender liability claims, and obtaining a $27 million deficiency judgment against the guarantors.
*Lead litigation and bankruptcy counsel for California bank and trust in federal court, state court, and chapter 11 bankruptcy cases in connection with senior and junior mortgages on seven hotels, including obtaining relief from stay in the bankruptcy cases, obtaining orders for judicial foreclosure, defeating lender liability claims, and reaching agreement for repayment of debt.
*Lead litigation counsel in cases for an Irish bank headquartered in Dublin, realizing on the real property security which secured $450 million debt from real estate fund.
*Lead counsel defeating lender liability claims against special servicer and master servicer relating to senior debt secured by office building in Newport Beach, California and obtaining foreclosure on the collateral.
*Lead counsel for special servicer in obtaining multi-million dollar deficiency judgments against guarantors in numerous cases.
*Lead counsel in defeating lender liability claims and defeating sham guaranty defenses in several cases for two banks.
*Lead counsel for major bank in defeating $11 million federal lawsuit brought by a surety company to require lender to reimburse surety for costs of completion of residential construction.
*Lead counsel representing receiver of a Los Angeles airport hotel, resolving labor claims, real estate claims and defeating claims against receiver.
*Lead counsel for receiver of large residential community development, defeating mechanics’ lien claims and resolving environmental issues with a municipality.
*Lead counsel for CMBS lender and special servicer in defeating lender liability claims resulting from foreclosure on real estate collateral due to change in management of borrower without lender consent.
*Experience gained by attorney prior to joining Kilpatrick
UC Law San Francisco (Formerly UC Hastings) J.D. (1987)
University of Pennsylvania, Wharton School of Finance B.S., Economics (1984) magna cum laude
California (1987)
U.S. District Court for the Central District of California
U.S. District Court for the Eastern District of California
U.S. District Court for the Northern District of California
U.S. District Court for the Southern District of California
Orange County Bar Association, Association of Business Trial Lawyers, Member
Anti-Defamation League, Orange County/Long Beach Region, Past Board Member
United Way, Past Board Member
Disclaimer
While we are pleased to have you contact us by telephone, surface mail, electronic mail, or by facsimile transmission, contacting Kilpatrick Townsend & Stockton LLP or any of its attorneys does not create an attorney-client relationship. The formation of an attorney-client relationship requires consideration of multiple factors, including possible conflicts of interest. An attorney-client relationship is formed only when both you and the Firm have agreed to proceed with a defined engagement.
DO NOT CONVEY TO US ANY INFORMATION YOU REGARD AS CONFIDENTIAL UNTIL A FORMAL CLIENT-ATTORNEY RELATIONSHIP HAS BEEN ESTABLISHED.
If you do convey information, you recognize that we may review and disclose the information, and you agree that even if you regard the information as highly confidential and even if it is transmitted in a good faith effort to retain us, such a review does not preclude us from representing another client directly adverse to you, even in a matter where that information could be used against you.
