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Benjamin P. Smith
12505 Park Potomac Avenue
6th Floor
Potomac, MD 20854
F (301) 230-2891
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Clients hire Ben because of his extensive knowledge in handling the recovery of special and defaulted assets.  As chair of the Foreclosure Department and as a member of the Bankruptcy and Creditor’s Rights Group at Shulman Rogers, he has an established track record of producing favorable results for his clients, often leading to a 100% recovery.  The Foreclosure Department at Shulman Rogers is active in Maryland, Virginia and in the District of Columbia.  The Bankruptcy and Creditor’s Rights Group handles all forms of creditor’s representation, including bankruptcy representation, confessed judgments, breach of contract actions and judgment recovery, among others.  Ben is also well versed in title litigation.

In addition to his extensive working knowledge of Maryland and Virginia foreclosures, Ben has been at the forefront of DC foreclosures, and constantly adapts the department’s practices to the frequently changing District of Columbia foreclosure process.  Through his efforts, he has handled both judicial and non-judicial DC foreclosures and has achieved successful outcomes for GSE lenders, non-GSE lenders, independent investors, individual noteholders and hard money lenders.  Ben frequently meets with the Department of Insurance Securities and Banking and participates in District of Columbia CLE programs to maintain the highest level of working knowledge for DC foreclosure matters. 

Ben has extensive experience dealing with alternatives to collection and foreclosure.  He has negotiated favorable settlements, forbearance agreements, deeds in lieu, and utilized other mechanisms that expedite the recovery process.  Ben is often praised by his clients for his creative alternative solutions to foreclosure and collection which produce significant savings and equity retention. 

Clients also come to Ben for his knowledge of post-recovery value maximization tools.  Through these efforts, clients can achieve added value to their cases.  These tools are what can turn a special, non-performing asset, into a profitable asset.  Specifically, Ben has successfully dovetailed his cases into the Firm’s neighboring departments to create successful REO transactions, condo conversions, and zoning changes resulting in increased FAR (floor area ratio), all of which yield high values to the Firm’s clients.   In the context of DC post-recovery efforts, clients have come to rely on Ben for his working knowledge of the Tenant Opportunity to Purchase Act (TOPA) and how it relates to sales of property and interests in entities holding properties in the District of Columbia.  These efforts have played a key role in assisting client’s, and buyers from clients, in their efforts to revitalize areas of the District of Columbia. 

Community service is one of Ben’s passions.  He is a volunteer for the Montgomery County Coalition for the Homeless, a counselor for the Friendship Club and Access Ministry at the Mclean Bible Church (programs designed to assist special needs children and adults) and received the Willard Owens Award for Excellence in Community Service from the Appalachian School of Law, a community service law school, the first of its kind, of which Ben is a graduate. 

Prior to joining Shulman Rogers, Ben focused on representing large lending institutions and individual creditors in Washington, D.C. and Maryland, and also served as law clerk for the Environmental Protection Agency.  He also served as managing editor and on the executive board of the Appalachian School of Law Natural Resources Law Journal.  

Events

Seminars & Speaking Engagements

  • CLE Speaker – Residential Foreclosure Process in Maryland – Montgomery County Bar Association
  • Master of Ceremonies – 2014 Maryland State Bar Association Real Property Section Annual Meeting

Professional & Community Affiliations

  • Bar Association of Montgomery County, Maryland: Member, Real Property Section and Foreclosure Committee
  • Maryland State Bar Association
  • DC Bar Association
  • Bankruptcy Bar Association for the District of Maryland
  • Co-Chair - Maryland State Bar Association Real Property Section – 2014 Annual Meeting
Education
  • Appalachian School of Law, 2007, J.D.
  • University of Kentucky, 2001, B.A.
Bar & Court Admissions
  • District of Columbia
  • Maryland
  • Tennessee
  • Virginia
Honors & Awards
  • Willard Owens Award for Excellence in Community Service