Loan Recovery, Judgment Enforcement, and Secured Transactions Disputes

Attorneys practicing with the Financial Services Litigation team drive loan recoveries and collections pursue pre-judgment remedies, such as replevin, foreclosure, and attachment; prosecute and defend fraudulent transfer claims; and enforce both domestic and foreign judgments. Our team also regularly litigates disputes regarding security interests and other liens. Working with our bankruptcy practitioners, we offer efficient and effective representation.

Representative Experience

• Defended bank and its officers in state and federal litigation brought by the bankruptcy trustee of a title insurance agent. Plaintiff alleged the bank breached its fiduciary duties with respect to the title agent’s trust account maintained by the bank and from which funds were embezzled by the president of the title agent. 
• Represented a lender that has numerous judgments based upon promissory note defaults that had been accruing interest over the years. Representation included enforcing these judgments through garnishments and foreclosures in Virginia and any associated litigation that arises regarding the validity of a judgment obtained in another state. 
• Handled judgment enforcements for hotel group brands in 14 States; usually enforcing NJ judgments in these states under applicable state enforcement of foreign judgment laws. 
• Regularly collect on defaults and deficiencies of customers of credit union. 
• Represent various lenders in matters ranging from $15,000 to $2 million, involving obtaining and collecting confessions of judgment, enforcing loan agreements and guaranties. 
• Represent multiple national and community banks with regard to collection and enforcement of pre-judgment remedies, including litigation in state and federal court matters such as replevin foreclosures of residential houses, apartment complexes, and commercial buildings; prosecute and defend collections on notes and guaranties; transfer of claims and judgment enforcement, including documenting foreign judgments. 
• Extensive experience domesticating foreign judgments and enforcing both domestic and foreign judgments, including post-judgment discovery to locate assets, debtor’s examinations, and all other aspects of judgment enforcement. 
• Handle all litigation work related to creditors’ rights/contract enforcement, secured transactions and lender liability claims in North Carolina for finance lessor, who conducts business with sub-prime business clients. 
• Prosecuted several fraudulent transfer actions in the course of representing financial services clients.