When your investment is at risk due to borrower default, we can help. Depending on your situation, various options may be available, up to and included foreclosure proceedings. Our knowledge and ability to handle all facets of loss mitigation and default loan servicing matters allows us to effectively and efficiently meet the legal needs of creditors. Whether you opt to pursue a judicial foreclosure in court or a nonjudicial foreclosure proceedings and trustee sale, you can rely on the real estate lawyers of Provident Law® to represent your legal interests.
Protecting Creditor Interests in Mortgage Foreclosure Cases
The real estate attorneys at Provident Law® provide comprehensive representation for all creditors, including financial institutions, mortgage companies, and lenders throughout the state of Arizona. We handle the full range of complex legal issues that arise in conjunction with defaulted loans, which may include creditor representation in:
- Foreclosure proceedings (judicial and nonjudicial);
- Bankruptcy proceedings;
- Work-outs;
- Receiverships; and
- Evictions
We represent all types of lenders, from individual local banks to large national mortgage loan servicers. Our personalized services are designed specifically to meet your goals and objectives, whether they involve foreclosure or loss mitigation strategies. We can review all potential options for resolution and choose the course of action that is most likely to protect the entirety of your investment.
As your legal counsel, we offer you legal opinions and guidance throughout whichever avenue you choose to pursue. Those services include providing an in-depth analysis of your foreclosure issue and representing you in court as needed. We also can negotiate with borrowers to resolve defaulted loan issues outside the court system in some cases. Finally, we ensure that trustee sales affecting the real estate are designed to maximize recovery for our clients.
Judicial and Nonjudicial Foreclosure Proceedings
Judicial foreclosure cases require court proceedings and a judge’s order. Although judicial foreclosures are sometimes necessary, they can be slow and less efficient to pursue. However, judicial foreclosures are typically essential for lenders that wish to pursue deficiency judgments from debtors.
In contrast, nonjudicial foreclosure proceedings occur completely outside the court system. Lenders must follow strict notice requirements at least 90 days before they can put the real estate up for public auction at a trustee sale. While this is a quicker process than a judicial foreclosure, it may not always be the best option if other legal issues arise or the lender anticipates a means to collect on a deficiency judgment.
Whether you choose to proceed with a judicial or nonjudicial foreclosure, we can complete the full range of tasks necessary to protect the interests and recoup the investments of creditors, such as:
- Conducting nonjudicial trustee sales;
- Litigating judicial foreclosures and quiet title actions;
- Monitoring and bidding senior lien foreclosure sales to protect our creditor’s junior liens;
- Depositing and applying for excess foreclosure sale proceeds;
- Drafting and documenting alternate forms of resolution, such as deeds in lieu of foreclosure, short sales, loan forbearance agreements, loan modification agreements, and loan sale agreements; and
- Filing and pursuing post-foreclosure evictions of residents of real estate that has become subject to foreclosure.
Get Effective Creditor Representation in Foreclosures
Our Arizona real estate attorneys offer personalized and responsive legal representation to banks, mortgage companies, loan servicers, and other lenders. Our team of legal experts specializes in converting complex foreclosure processes into transparent resolutions for both institutional and private lenders. Our steadfast dedication and perseverance in managing the foreclosure process assure our clients of a confident approach towards achieving successful outcomes.
Together, we aim to provide prompt and efficient default loan servicing, including judicial and nonjudicial foreclosure proceedings. Call Provident Law® today at (480) 388-3343 or visit us online to meet with an experienced Arizona real estate attorney.