Enforcing Residential and Commercial Mortgages

If you need to foreclose residential or commercial mortgages anywhere in New England, we have got you. From first legal through to auction, we make sure that your notices comply with applicable law and that your chain of title will give you a marketable property at auction.

Presenting Creditors’ Claims to the U.S. Bankruptcy Courts

If your borrower files for bankruptcy protection, you want experienced bankruptcy counsel protecting your loan. The U.S. Bankruptcy Code gives debtors, trustees and the court itself real power: the power to strip liens, to nullify foreclosures, to reduce and even eliminate secured debt. Our attorneys have decades of experience with proofs of claim, motions for relief from stay, post-petition bankruptcy notices and adversary proceedings.

Defending Against Borrower Lawsuits in State and Federal Courts

Mortgagees see every kind of legal challenge to their loans: allegations of origination issues, chain of title issues, consumer protection law violations, etc. We have successfully defended our clients in state and federal courts, at trial and on appeal, drawing upon our decades of experience with mortgage law.

Obtaining Possession of Foreclosed Properties for Clients

There may be no more tilted legal playing field than a property owner seeking possession of residential property. Occupants’ counsel will often turn what should be a routine legal proceeding into a marathon. Courts will occasionally put their thumbs on the scales of justice, slow-walking cases and inventing legal standards. Let us share with you our knowledge of the law as well as our experience with the courts to give you the best path forward.

Remedying Title Issues Through Supplementary Documents and/or Curative Civil Actions

The more loans change hands, the more opportunities arise for defects in the chain of title. We have a track record of fixing those defects. We have decades of experience with title claims, title litigation and non-litigation options to fix gaps in title and perfect imperfect liens.

Protecting Mortgage Interests Through Strategic Resolution of HOA Claims

State law in New England gives HOAs the ability to impose liens ahead of existing mortgages of record, endangering mortgagees’ security and giving HOAs real leverage. Let us use our experience to protect your mortgages and also to ensure that you are paying only what you need to pay – instead of what the HOA wants you to pay – to avoid an unnecessary foreclosure.

Protecting Mortgage Interests Against Government Code Enforcement Actions

Loans in default often bring with them properties in disrepair. Municipalities, state agencies and even tenant occupants can bring civil actions to enforce building and sanitary code standards. We have the knowledge to direct you towards a quick and cost-efficient solution. Richard C. Demerle, Esq. is a court-appointed receiver for the Eastern Housing Court of Massachusetts and has defended mortgagees in dozens of code enforcement actions. Let our experience be your guide.

Maximizing Clients’ Returns on Foreclosed Loans by Collecting Against Other Borrower Assets

In these times of record equity in real properties, it is hard to remember or even imagine a time when properties were regularly worth less than the secured claims attached to those properties. An underwater loan is not the end of the line for profitability. We design our foreclosures to preserve our clients’ rights to seek deficiency judgments post-sale, should the need arise. Our team is often aware of other assets that borrowers have in their name, assets against which a client can levy a deficiency judgment.

Facilitating Third-Party Sales of Foreclosed Properties

Removing Unperfected Liens from Real Properties to Maximize Clients’ Returns