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

Dean Kirby


Martin T. McGuinn


Michael Pfeifer


Roberta Robinson


Matthew Aguirre


Located in Downtown San Diego