Do not wait for your ship to come in, get in your boat and row out.

- Michelle C. Ustaszeski

Florida Workout & Foreclosure – Lenders

We understand that troubled assets are like an anchor on our clients' balance sheet and create additional problems for their business. Our team of attorneys offer our clients the benefit of over 35 years of experience representing lending institutions, private lenders and investor groups. We identify and address each client's specific business goals and develop the appropriate strategies to obtain a practical and cost effective solution to meet these goals. We are positioned to provide creative solutions where needed to advance the objectives of our clients. In addition, we assure that our clients are aware of the potential outcomes associated with the alternative strategies so that they can make informed business decisions.

This representation consists of pre-foreclosure workouts, followed by commencing litigation by the filing of the foreclosure complaint and continuing through the foreclosure sale, including but not limited to:

  • Negotiating and drafting pre-foreclosure workouts and loan modifications
  • Issuing the required pre-foreclosure demands
  • Initiating foreclosure actions by preparing and filing the Lis Pendens and the foreclosure complaint
  • Obtaining appointment of receivers or sequestering rents as may be required depending on the nature of the real estate involved
  • Conducting the necessary discovery to overcome opposition to the lender's motion for summary judgment or in preparation for trial
  • Preparing and filing motions for summary judgment
  • Mediation
  • Trial
  • Obtaining judgments of foreclosure
  • Foreclosure sales
  • Obtaining Writs of Possession
  • Deficiency judgment actions
  • Collection on deficiency judgments

We understand that each foreclosure case should be examined to ascertain the unique issues of each case. Therefore, when you meet with us, we conduct a comprehensive analysis of the facts of your case and the loan documents at issue to develop a plan of action that is in line with your ultimate goals. Our attorneys will provide you with substantive information with respect to the most expeditious and cost- effective manner to proceed in order to conclude the foreclosure process.

Finally, if a borrower files bankruptcy, our attorneys are experienced bankruptcy counsel and have an in depth understanding of many intricacies and requirements under the Bankruptcy Code. Therefore, we are uniquely situated to seamlessly continue to represent our lender clients in Bankruptcy Court, advise them as to how the bankruptcy effects their rights and design and execute a revised strategy depending on the facts of the case.

Please review our Creditors' Rights & Bankruptcy and Bankruptcy Litigation pages for additional information that may be relevant to lenders. In addition, please review the description of the broad range of clients we commonly represent on our Representative Clients page.

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