Loan Servicing, Receivership & Foreclosure
Our attorneys have:
- Assisted clients in commencing and completing deed of trust foreclosures by non-judicial sale.
- Prosecuted judicial foreclosure actions resulting in a deficiency judgment.
- Documented and supervised closing of secured loan transactions.
- Obtained the appointment of a receiver to collect rents and profits, or to take possession of troubled property.
- Defended national and local lenders in state and federal courts against complaints alleging “wrongful foreclosure.”
- Defended against claims alleging violation of the Fair Debt Collection Practices Act (“FDCPA”) and the Fair Credit Reporting Act.
- Reviewed and updated clients’ form loan documents to assure enforceability and compliance with California law.
- Represented lenders and property owners in obtaining title insurance coverage both to defend actions brought against the lender and to pay claims.
- Assisted lenders to obtain payment of loss claims covered by a borrower’s or forced placement insurance carrier.
- Represented lenders to resolve disputes with borrowers over accounting, insurance, transfer of servicing, and escrow disputes.
- Acted for trustees in handling all aspects of the distribution of surplus funds after a foreclosure sale.
- Conducted reviews of foreclosure trustee operations.
- Represented lenders in getting REO sales closed where title or litigation issues delay closing.
- Drafted statutes adopted by the California legislature in the areas of non-judicial foreclosure and creditor rights.
- Appeared as amicus curaie (a “friend of the court”) on behalf of lending industry trade associations on issues relating to foreclosure and servicing of defaulted loans.
- Represented court appointed receivers in the operation of real estate and businesses.
- Obtained relief from the automatic stay in bankruptcy so that our clients may proceed with foreclosures and evictions, or prosecute lawsuits pending in state and federal courts.
- Defended lenders in proceedings by federal and state government to forfeit collateral based on alleged violations of drug and immigration laws.
Attorneys Specializing in Loan Servicing, Receivership & Foreclosure
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