Protecting Lenders’ Rights Through Foreclosures
At The Cohn Law Firm, LLC, we work diligently to protect creditors’ rights in the foreclosure process. Our attorneys have extensive experience protecting creditors in residential and commercial foreclosure proceedings in Baton Rouge and throughout Louisiana.
Our attorneys have represented banks, credit unions and other financial institutions, as well as other types of creditors. Our approach has remained consistent over the years. We provide sound advice and calculated solutions to aggressively secure creditors’ rights.
Call 888-339-7805 to meet with one of our creditors rights’ lawyers about strategies to minimize potential losses.
At The Cohn Law Firm, LLC, we represent secured creditors in residential and commercial mortgage foreclosure actions with one goal at the forefront of our minds: to protect the creditor’s rights by reducing delays and minimizing costs.
Managing Foreclosures; Investigating Options To Mitigate Losses
Our attorneys have more than 50 years of combined experience protecting creditors’ rights in collections, litigation, bankruptcy and foreclosure actions. The costs associated with judicial foreclosure are high, but they can be reduced by aggressive management of timelines and making efficient use of resources.
We can also assist clients in identifying and implementing loss mitigation options, such as short sales and deeds in lieu of foreclosure.
Bringing Foreclosures Or Seeking Alternatives
We prosecute foreclosures from beginning to end, working diligently to maximize return to the creditor. Before, during and after a foreclosure, we will guide your financial institution through all required steps, including:
- Notifying a borrower that they are in default.
- Negotiating with borrowers who seek alternative solutions such as repayment plans, forbearance agreements, loan modifications, short sales, deeds in lieu of foreclosure, foreclosure challenges, Chapter 13 bankruptcy filings or refinancing.
- Identifying and enforcing or managing liens, if applicable
- Filing a lawsuit known as a “suit on a note” or a “petition for executory process.”
- Obtaining a “writ of seizure and sale” from a court
- Publishing notices if required
- Conducting a short sale or auction
- Evicting occupants after a sale
Some creditors and mortgagees look for alternatives to foreclosure before moving forward with the seizure and relinquishment of mortgaged properties.
Representation In Litigation, Such As Counter Deficiency Claims By Mortgage Holders
We also represent our clients in any contested litigation affecting the foreclosure such as the following:
- We respond to defense motions alleging failure of service or other defects in the foreclosure filings. We help our lender clients document service, even after the fact, or present arguments to the court stating why service was not required.
- We defend lender clients against counterclaims such as allegations that the creditor violated the Fair Debt Collection Practices Act (FDCPA) or the Real Estate Settlement Procedures Act (RESPA). Accusations of these types are common ploys by borrowers and their lawyers to delay the foreclosure process. Our lawyers often make short work of such tactics and achieve outcomes that are ultimately in our clients’ favor.
- We take action to correct title defects. We help our clients overcome title defects that might otherwise hold up a foreclosure or resale of a property after it has been seized. Our real estate attorneys have a great deal of experience with quiet title actions.
- We help our clients evict former owners and tenants: Debtors do not need to waste time taking any more steps than are necessary to remove the occupants of a property that has gone through foreclosure. Our attorneys can help get occupants and their belongings removed without delay.
- We pursue relief from automatic stays on behalf of our clients. We help them pursue recovery of collateral when debtor bankruptcies become inevitable. With our help they can take steps to mitigate losses by identifying, seizing and selling collateral – such as residential or commercial real estate – after a mortgagee defaults and then files for Chapter 13 bankruptcy or any other applicable bankruptcy.
- Our attorneys help lenders collect deficiency balances: In other words, when a foreclosed property is worth more than what can be recovered through a short sale or auction, we help lenders sue to recover the balance.
Meet With One Of Our Attorneys
We take our clients’ legal needs seriously while providing cost-effective, efficient legal services in a friendly and professional atmosphere. To schedule a confidential consultation, call us at 225-754-9868 or send us a message online.