The attorneys at Atkinson Law Associates P.C. have considerable experience in both judicial and non-judicial (power of sale) commercial real estate foreclosure and receivership proceedings. Our attorneys generally represent lenders or parties acting on their behalf as the result of assignments or servicing arrangements, including clients with national, regional, state, and local operations.
We can assist you with foreclosed mortgages and other interests in property that includes shopping centers, apartment complexes, hotels, motels, office buildings, assisted living facilities, residential developments (both urban and rural) and oil and gas interests. These proceedings often involve receiverships and our attorneys have a good knowledge of and experience in working with persons and firms that often serve in that capacity. Our attorneys also have experience in recovering deficiency judgments and enforcing guarantiees, premium payments, and other claims against borrowers and related parties in appropriate situations.
We can also:
- Initiate foreclosure actions resulting in a deficiency judgment.
- Document and supervise closing of secured loan transactions.
- Obtain the appointment of a receiver to collect rents and profits, or to take possession of troubled property.
- Defend lenders in state and federal courts against complaints alleging “wrongful foreclosure”.
- Defend against claims alleging violation of the Fair Debt Collection Practices Act (“FDCPA”) and the Fair Credit Reporting Act.
- Review and update clients’ form loan documents to assure enforceablility and compliance with Nevada law.
- Represent lenders and property owners in obtaining title insurance coverage both to defend actions brought against the lender and to pay claims.
- Assist lenders to obtain payment of loss claims covered by a borrower’s or forced placement insurance carrier.
- Represent lenders to resolve disputes with borrowers over accounting, insurance, transfer of servicing and escrow disputes.
- Act for trustees in handling all aspects of the distribution of surplus funds after a foreclosure sale.
- Conduct reviews of foreclosure trustee operations.
- Represent Court Appointed Receivers in the operation of real estate and businesses.
- Obtain relief from the automatic stay in bankruptcy so that our clients may proceed with foreclosures and evictions, or prosecute lawsuits pending in state and federal courts.