Despite the best intentions of lenders and borrowers banking disputes are sometimes unavoidable. When a loan default occurs the attorneys at Dworken and Bernstein have the legal knowledge and court room experience to assist you whether you are a lender, investor, borrower or guarantor. Our firm handles a wide range of mortgage and banking litigation cases involving:
- Loan workout disputes
- Distressed real estate
- Loan default litigation
- Large commercial collections
- Secured lending disputes
- Mortgage lending and servicing disputes
- Mortgage litigation and compliance
- Cognovit judgments
- Receivership litigation
- Other types of mortgage and banking litigation
Depending on the circumstances of your dispute, a negotiated settlement may be in everyone’s best interests. Events outside the control of an otherwise healthy borrower can lead to missed payments and technical loan defaults. Rather than incurring the expense and risk of litigation lenders in those scenarios may want to choose alternative strategies. Our attorneys routinely negotiate and draft loan modifications and forbearance agreements for borrowers and lenders alike. If a modification is not possible or warranted our seasoned litigators can recommend the appropriate strategy to bring or respond to any enforcement action.
The D&B team has extensive experience representing commercial and residential property owners in high stakes foreclosure actions. We will explain the foreclosure process to you in detail, listen to your desired outcomes and give you an honest recommendation as to how to obtain them. If you decide to litigate, we will fight tooth and nail to protect and retain your property interests. If retention of your property is not possible or advisable we can assist you with negotiated foreclosures, short sales, deeds in lieu of foreclosure and avoidance of deficiency judgments. We also understand the tax ramifications related to loan forgiveness and can recommend strategies to prevent an unforeseen realization of income on your tax returns. As a last resort our in house bankruptcy experts can advise you as to whether restructuring your debt through a reorganization is possible or advisable under your circumstances.
Many attorneys who represent lender in these disputes follow the standard playbook. This can result in cases being stalled for years. At D&B we craft creative solutions based on the specific facts of your case. Our lender clients repeatedly come back to us because we know how to avoid and react to borrower delay tactics and work diligently to your case is concluded. Our litigators will utilize every contractual and legal remedy to preserve and protect your collateral. If advisable, we will have a receiver appointed to protect, preserve, operate and/or liquidate your collateral to get your loan satisfied an off of your books.
Contact our team today for a free consultation.