Litigation & Bankruptcy

Geraci LLP’s Litigation & Bankruptcy team is fully equipped to represent you in lawsuits and compliance/regulatory investigations, as well as counsel you should your borrower file bankruptcy.

Litigation & Bankruptcy at Geraci

We understand non-conventional lending and real estate better than most; it is our industry. It’s really all we do. As a result, we understand your business and the challenges you face. Our bankruptcy and litigation attorneys help investors, lenders, loan servicers, foreclosure trustees, brokers, real estate agents, creditors, businesses, their members, officers, and directors with a vast array of legal and compliance issues in state, federal, bankruptcy, and administrative actions. We will help enforce your rights and defend against any adverse claims strategically, aggressively, and efficiently.

From the moment you call Geraci Law Firm, trust we make your interests our top priority and work to achieve your goals in an effective, timely manner. Our attorneys are committed to providing you peace of mind through what can be a stressful experience.

Litigation Practice

Our team will work hard to zealously represent you in lawsuits, compliance, and regulatory investigations. For example, if your borrower serves you with a lawsuit, our experienced litigators will expeditiously step in and handle the matter on your behalf. We can handle any lawsuit filed against you or your company, including wrongful foreclosure defense, TILA/RESPA violations, title insurance claims, and more.

Geraci’s Litigation team has successfully protected countless lenders’ interests by taking action to mitigate potential liability.

Bankruptcy Practice

Has your borrower filed bankruptcy? Our lawyers have extensive experience handling complex bankruptcy litigation and adversary proceedings in Chapter 7, Chapter 11, Chapter 12, and Chapter 13 cases, and can assist you with collection and recovery of debts after a bankruptcy filing, including proofs of claim, motions for relief from the automatic stay, objections to lien stripping, and more.

Replevin

Replevin (sometimes referred to as Claim and Delivery) is an effective legal remedy used throughout the United States. In its simplest terms, replevin is a procedure whereby collateral is seized and given to the creditor during a lawsuit. Essentially, soon after filing a case, we show the judge that it is so obvious we will win, that the creditor should have the benefit of its judgment (possession of the collateral) now, without waiting for the end of the case. We’ll get a prejudgment writ for you, and the sheriff will collect your collateral.

With over 7,000 successful cases, Geraci’s replevin attorneys are experts in resolution.

Collections

You have someone who owes money to you. We know how to force them to pay that money to you. For too long, they have been doing what they want to do with your money. We make it easier for them to pay you than it is not to pay you. These cases are all about the leverage we create, and the pressure we put on your borrowers. The methods we employ are securing your judgment with their real estate, bank levies, wage garnishments, and judgment debtor examinations.

Eviction / Unlawful Detainer

The property belongs to you, but someone else is living there and not paying you. We know how to get them out expeditiously and inexpensively. These cases go quickly. It is imperative they be set up properly at the start, or they are doomed to failure. We know how to get it right, get the tenants out, and get you in possession of your real estate.
Litigation & Bankruptcy Resources
Navigating the Maze: Understanding Service of Lawsuits in California
The Economy Is Risky, But the Rewards Are Waiting for You
Where Are We Headed? Geraci Leadership Is Looking Forward to 2024
Careful There, Love: Protecting Private Lenders from Rampant Mortgage Fraud
Unmasking Deception: The Intricate Web of Fraud in Private Lending
Securing Interests: Navigating the Intricacies of Assignment of Rents in California Real Estate
How to Keep Yourself Out of Court (and Away From Me)
Understanding Lender Liability: Avoid California’s 10-Year Liability for Construction Defects in Fix and Flip Properties
5 Tips to Limit Lender Liability
April Update in Private Lending: Where Are We Going?
Preventing Unlawful Detainer After an SB-1079 Foreclosure
Collections FAQs
Post-Tenancy Eviction Process
Residential Eviction Process
Giving a Tenant Notice: What You Need to Know
Crystal Ball Predictions for 2023
2021 Predictions Revisited in Q4 2022
Your Customer Filed for Bankruptcy—What Now?
Preparing for Bankruptcy Filings
The Replevin Remedy
The "New Normal" Approaches to Litigation
Borrower Filing Bankruptcy? Here’s What Secured Lenders Should Know
How Will the Remainder of 2022 Shape Up?
Deficiency Judgments: How To Get Paid
Dictionary of Lending Terms
9 Things to Expect in 2022: The Crystal Ball | Presented By the Geraci Partners
Force Majeure in the Context of COVID-19
The Tipping Point: Know the Liability Issues for Brokers and Lenders in Private Construction Lending
2020: Looking Back to Understand How to Move Forward
2021 Private Lending Outlook

Contact Our Litigation & Bankruptcy Team

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