Banking & Finance

Our team of foreclosure and loss mitigation attorneys will guide you through the default process and help you create a cohesive strategy. We have a deep understanding of all the options available to lenders in a defaulted loan situation.

Foreclosure & Loss Mitigation

Your business faces unique issues. You have probably been frustrated when working with law firms who do not appear to understand your business. They may be confused by the fact that you make business purpose loans secured by residential property and think that these are consumer loans. They may treat your transaction like a large commercial real estate loan when the transaction is much less formal and sophisticated. Our lending compliance attorneys are here to provide you the support you need to have peace of mind

Loss Mitigation

Our loss mitigation attorneys are often called because the client wants to start a foreclosure proceeding. We can provide multiple alternatives to make the loan reperform and avoid potentially expensive and emotionally exhausting fights with your borrower.

Some of our loss mitigation alternatives include:

Loan Modifications

Did your borrower run out of construction funds in the middle of the project and you might inherit a half-completed property? Is the Borrower in a dispute with their tenants and can’t pay you because of it? Our team has seen all kinds of defaulted loan scenarios and have figured out creative, loan specific solutions. We negotiate with your borrowers to come to an amenable solution for everyone.

Forbearances

Did the maturity date of your loan run up and the borrower needs a couple more months to sell or refinance the property? Is there a partnership dispute with your borrower and they need time to resolve the dispute? Our forbearance attorneys understand when a forbearance is necessary, the best terms to include in your forbearance agreement, and how to ensure your agreement’s success.

Deeds in Lieu of Foreclosure

Do you have a borrower who got in a bit over their head and they just want to hand you the keys to the property? Our team will make sure that you have ironclad agreements, proper insurance in place, and no potential pitfalls with 3rd party creditors who may harm your lien priority.

Foreclosure

After exhausting loss mitigation alternatives, it may be the time to move to a foreclosure so you can get the collateral for your loan back. Our law firm acts as foreclosure trustee in California and can file a Notice of Default on your behalf and proceed through the foreclosure process. Most importantly you will have a team of Forbearance attorneys at your disposal who can expertly guide you through the process, provide you strategic advice on how to best proceed, and if necessary defend you against any type of litigation or bankruptcy that may happen because of the foreclosure. Outside of California we partner with industry experts who can help you in all 50 states.
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Foreclosure & Loss Mitigation Resources
Loan Modifications in Peril in California (In re: Moon)
Why You Should Consider a Deed-in-Lieu of Foreclosure
The Importance of Documenting a Modification
The Stress of Busted Construction Projects
California Foreclosures – Strategies for Lenders
Modification vs. Forbearance: Choosing the Right Agreement
Ensuring Lien Priority for Loan Modifications
Mortgage Loan Modifications Explained
A Personal Guaranty Contract Can Help Lenders Recover Even After Foreclosure
Why You Should Consider a Deed in Lieu of Foreclosure
California Foreclosures - Strategies for 2021
Forbearance Agreements 101 – What To Do When Your Borrower Can’t Pay
Understanding the California Nonjudicial Foreclosure Process
Understanding Forbearances
[COVID-19] Accounting Implications of Loan Defaults
[COVID-19] Implications for California Tenant-Landlord Relationships
[COVID-19] California Eviction Moratorium Leaves Unresolved Problems for Landlords and Lenders
[COVID-19] Early Payment Defaults in Loan Sales
[COVID-19] Impact on Mortgage Lenders and Servicers in the U.S., and How to Mitigate Risks
[COVID-19] California Foreclosures 101 - Strategies for Defaulted Loans
[COVID-19] Deed in Lieu of Foreclosure – What You Need to Know
[COVID-19] Modification vs. Forbearance in the Age of COVID-19
Forbearance Agreements 101 - What to Do When Your Borrower Can't Pay
Understanding Your Options to Remedy a Bad Loan

Contact Our Banking & Finance Team

Please note that our firm focuses primarily on private lenders. Unfortunately, we are unable to assist with consumer matters.