Clive Martin's practice includes the many forms of litigation that arise in the real estate context, from title problems to development disputes to construction claims and everything in between, with a particular focus on condominiums and the people who develop, manage, and live in them. He also practices in the areas of creditors' rights, collection, bankruptcy, and general business litigation. He is a member of the firm’s Business Litigation Group.
Mr. Martin assists clients by handling all condominium-related legal matters, including disputes between and among developers, lenders, associations, management, and residential and commercial unit owners. His clients include condominium associations and their trustees, from suburban two-unit residential condominiums to downtown Boston luxury mixed-use condominiums; homeowner associations, including golf communities; banks lending to condominium developers and associations; management companies; residential and commercial unit owners; and individuals living in all types of common ownership communities.
Mr. Martin provides knowledgeable and seasoned counsel to clients with all types of condominium-related legal issues, including commonly disputed claims over condo documents, operations, contracts, budgets, and governance. Mr. Martin has a proven record of success in these areas, whether out-of-court, in alternative dispute resolution forums, or in litigation. As the long-time co-chair of the Condominium Law and Practice Section of the Real Estate Bar Association of Massachusetts (REBA), Mr. Martin is one of the leaders of the Massachusetts condominium bar. He recently authored an amicus curiae brief to the Massachusetts Supreme Judicial Court in a case of great economic significance to condominiums, in which the right of associations to impose successive liens on owners who withhold condominium fee payments was upheld by the SJC.
Mr. Martin is experienced in the assertion of creditors' critical prejudgment rights, including real estate and trustee attachments, reach and apply orders, and the appointment of keepers for contested assets. He handles collection matters in state and federal courts, including stay relief and adversary proceedings in bankruptcy, as well as fraudulent transfer, nondischargability, and avoidance claims.
Mr. Martin uses his extensive knowledge and experience of Massachusetts’ pre-judgment remedies to obtain judgments, executions on judgments, and payment on judgments for creditors with claims against persons and entities who fail to pay their debts. Mr. Martin has experience handling complex cases involving large sums. In one recent case involving a multi-million dollar foreign judgment, Mr. Martin’s efforts resulted in the attachment of real and personal property in Massachusetts, which led to a favorable settlement with one defendant and civil contempt (and eventual imprisonment) of another.
Real Estate and Business Litigation
Mr. Martin provides representation across the spectrum of real estate matters, such as actions regarding title, easements, mortgage defaults, liens, foreclosures, insurance claims, forfeited deposits, lender liability actions, and landlord-tenant disputes. Mr. Martin’s advice is geared to avoiding expensive litigation if at all possible, but he is ready, willing and able to pursue court remedies if reasonable efforts do not result in an acceptable outcome for the client. Mr. Martin regularly achieves positive results for clients. In a recent dispute involving a large suburban residential development, he reached a favorable resolution of an abutting bank’s claim to have an easement right to use the development’s parking garage.
In addition to being the long-time co-chair of REBA’s Condominium Law and Practice Section, Mr. Martin is a frequent speaker on condominium matters at professional conferences and legal panels, and writes on condominium matters. Mr. Martin was born and raised in England, where he also attended college. He obtained his law degree after moving to the United States and became a United States citizen in 2008.
Mr. Martin has been active with the Discovering Justice “Stand Up for Your Rights” program, which involves teaching Boston middle school students about the U.S. Constitution, courts, and the judicial system, and coaching them to present oral arguments in courtrooms before actual judges.
Mr. Martin has been selected to the Massachusetts Super Lawyers list since 2015.