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  • Joseph R. McCarthy

    Joseph R. McCarthy

    Shareholder

    Joseph R. McCarthy is a Shareholder in Stark & Stark’s Banking & Financial Services Group. As a commercial litigator specializing in creditors’ rights with over 20 years’ experience, Joseph represents state and nationally chartered financial institutions, private lenders, investment companies, landlords, receivers, and other creditors in a variety of legal matters including mortgage and tax foreclosures, bankruptcies, collections, workouts, receiverships, and landlord/tenant matters.

    In the course of his litigation work, Joseph has gained valuable experience negotiating and drafting complex forbearance and settlement agreements, loan restructurings, and deeds in lieu of foreclosure. He also represents both purchasers and sellers of defaulted loans and loan pools including the negotiation and drafting of loan sale agreements, conducting due diligence, and drafting the bill of sale and assignment documents.

    Joseph also has extensive experience representing lending institutions in commercial lending transactions in both New Jersey and New York, including acquisitions, construction financing, asset-based loans, and loan modifications, and representing investors and developers in a broad range of commercial real estate matters including real property transactions, commercial leasing, and property management.

    Joseph received his law degree from New York Law School and was twice published in the New York Law School’s Journal of Human Rights. After graduating law school, Joseph served as an Assistant Prosecutor with the Union County Prosecutor’s Office where he specialized in criminal jury trials. A devoted father of three (3) teenagers, Joseph enjoys spending time with his family and coaching softball, baseball, and basketball.

    Bar/Court Admissions

    • New Jersey 
    • U.S. District Court, District of New Jersey
    • New York
    • District of Columbia

    Education

    • J.D., New York Law School, 2003
    • B.S., Rowan University, 1999

    Representative Experience

    *Results may vary depending on your particular facts and legal circumstances*

    • Represented a statutory receiver appointed in a civil action brought by the NJ Bureau of Securities against an individual and several companies that perpetrated a multi-million Ponzi scheme in the Ocean County, NJ area. Assisted the receiver in the recovery of monies for the defrauded creditor estate through the prosecution of fraudulent transfer litigation and the liquidation of real estate and personal property.
    • Represented the former owners of a well-known wedding and banquet hall in Berkeley Heights, NJ in connection with a quiet title action involving a dispute over land with Union County and the State of New Jersey which resulted in a consent judgment that enabled the client to convey clear and insurable title to its purchaser.
    • Represented financial institution in highly contested commercial foreclosure action of a partially completed townhome project including defending client from fraud claims, filing a motion for pendente lite sale of the real estate which ultimately resulted in the liquidation of project and payment in full to client.
    • Represented financial institution in connection with a $5.3 million construction loan to build a new children’s school at a Muslim temple in Somerset, New Jersey that closed during the height of the COVID-19 Pandemic in 2020.

    *Results may vary depending on your particular facts and legal circumstances*

    Thought Leadership

    • Panelist, Alternative and Creative Business & Real Estate Liquidations. Community Bank & Private Lender Workout Conference. April 11, 2024.

    Honors & Awards

    • New Jersey Super Lawyers Rising Stars List issued by Thomson Reuters, 2013 – 2017; Creditors’ Rights (Methodology)
    • New Jersey Super Lawyers List issued by Thomson Reuters, 2018-present; Creditors’ Rights (Methodology)

    * No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

    Professional Organizations

    • New Jersey State Bar Association
    • New York Bar Association
    • NJ Bankers Association

    Community Organizations

    • Hillsborough Baseball & Softball League, Manager
    • Mary Mother of God CYO Basketball, Assistant Coach
    • Hillsborough High School Raider Diamond Club, Member
    Business & Commercial Law Blog
    October 9, 2025
    Navigating the pre-foreclosure phase of a commercial property loan requires careful attention to both contractual obligations and statutory...
    Business & Commercial Law Blog
    April 3, 2025
    What Rights and Remedies Does a Landlord Have Against the Tenant or Secured Creditors? Although not ideal, most every landlord has experienced a...
    Business & Commercial Law Blog
    April 2, 2025
    In the ever-evolving world of mortgage lending, a scenario often arises where a borrower refinances their existing mortgage with a new lender, but...

    Firm Highlights

    Stark & Stark Joins Growing Coalition of Law Firms in Defense of Constitutional Principles and the Independence of the Legal Profession

    Stark & Stark has joined hundreds of fellow law firms across the country in filing an amicus brief supporting Perkins Coie, WilmerHale, Jenner...

    Stark & Stark Attorneys Recognized as New Jersey “Super Lawyers” and “Rising Stars” in 2026

    Stark & Stark is pleased to announce that 15 of its attorneys have been selected for inclusion in the list of 2026 New Jersey Super Lawyers,...

    Bruce Stern, Esq. Secures $1,000,000 Settlement in Motor Vehicle Collision Case

    Bruce Stern, Esq. recently secured a $1,000,000 settlement in a motor vehicle collision case.* “This case highlights how quickly things can go...

    Deborah Dunn, Esq. Elected to Board of Directors for Angel Flight East

    Stark & Stark is pleased to announce that Deborah Dunn, Esq., Shareholder and Civil Trial Attorney, has been elected to the Board of Directors...

    Michael Jordan, Esq. Joins the Board of the Lawrence Township Community Foundation

    It is our pleasure to announce that Michael Jordan, Esq. has joined the board of the Lawrence Township Community Foundation, an organization...

    Stark & Stark Opens Newtown, Pennsylvania Location

    Stark & Stark announced the relocation of its Yardley, Pennsylvania office to a new location in Newtown, PA. The new office is now open and...

    Joseph Lemkin, Esq. Named to ROI-NJ Influencers: Power List 2026 – Law

    Stark & Stark is proud to share that Joseph Lemkin, Esq., Shareholder, has been named to the 2026 Influencers: Power List in the Law category...

    Jeffrey A. Krawitz, Esq. and Michael C. Ksiazek, Esq. Secure $1,000,000 Settlement in Medical Malpractice Wrongful Death Case

    Jeffrey A. Krawitz, Esq. and Michael C. Ksiazek, Esq. recently secured a $1,000,000 settlement in a medical malpractice wrongful death...

    Joseph Cullen, Esq. and Nicole Durso, Esq. Secure $2,000,000 Settlement in Personal Injury Matter

    Joseph Cullen, Esq. and Nicole Durso, Esq. recently secured a $2,000,000 settlement in a personal injury matter involving a pedestrian who was struck...

    Stark & Stark Welcomes Susan L. Swatski, Esq. to the Firm

    Continuing in its mission to provide its clients innovative legal solutions to meet their needs, Stark & Stark PC, announced today that Susan L....

    Tim Duggan Wins Eminent Domain Challenge – Case Dismissed

    We are pleased to share that Tim Duggan of our Condemnation, Redevelopment, and Eminent Domain Group was successful in protecting the owner of a...

    James Creegan, Esq. Appointed to Board of The 200 Club of Mercer County

    It is our pleasure to announce that James Creegan, Esq. has been appointed to the Board of Directors of The 200 Club of Mercer County, an...