Benjamin R. Levinson, Esq.

Benjamin R. Levinson has been representing lenders and foreclosure trustees in all Bankruptcy Courts and State Courts in California since 1985. His practice emphasizes creditor bankruptcy representation, lender and receiver representation in state court receivership actions, lender representation in judicial foreclosures and post-foreclosure evictions, and defending lenders, trustees, and third party purchasers in foreclosure-related litigation.

Mr. Levinson is a member of the State Bar of California, the Santa Clara County Bar Association, the American Bankruptcy Institute, the Bay Area Bankruptcy Forum, the San Jose chapter of American Inns of Court solely dedicated to bankruptcy reorganization practice, the California Mortgage Association and the United Trustees Association.

Mr. Levinson has been a seminar speaker for the California Mortgage Association, the California Trustees Association and its successor organization, the United Trustees Association on various bankruptcy topics and foreclosure topics over the last twenty years. In 2005, he authored an article entitled, "BANKRUPTCY ABUSE PREVENTION AND CONSUMER PROTECTION ACT OF 2005--WHAT DOES IT MEAN AND HOW WILL IT AFFECT LENDERS AND LOAN SERVICERS?" for the quarterly newsletter of the California Mortgage Association.

Published appellate cases that Mr. Levinson has been counsel for the prevailing party include, Pacific Loan Management v. Superior Court, (1987) 196 Cal.App.3d 148; which specifically provided for the right of a foreclosure trustee to interplead surplus funds, and Melendrez v. D & I Investment, Inc., (2005) 127 Cal.App.4th 1238; which held that a bona fide purchaser for value at a trustee's sale could include those persons that regularly bid at such sales and which held that the conclusive presumptions of the Trustee's Deed given to BFP's only apply to the statutory procedures with respect to the default and sale notices and do not apply to other requirements of the foreclosure process.

Mr. Levinson received his Juris Doctorate from the University of Santa Clara in 1984 and his Bachelor of Arts in Law and Society from the University of California Santa Barbara in 1979. He is licensed to practice in the Northern, Eastern, Central, and Southern District Bankruptcy Courts in California and he has extensive experience handling bankruptcy matters in all of these Districts. Mr. Levinson can be reached via email at