Bankruptcy

Representing creditor’s rights, it is our intention to maximize value for our clients’ claim in reorganization and liquidation proceedings utilizing all legal remedies available, including settlement or litigation. Specific areas of representation include:

  • Motions for Relief from the Automatic Stay
  • Filing of Proof of Claim and Transfer of Claim
  • Prosecution and defense of secured and unsecured claims
  • Defense of lien avoidance and Preference actions
  • Adversary proceedings
  • Contested matters under Bankruptcy Rule 9014
  • Confirmation proceedings and Plan objections
  • Defenses to Cram Downs and Lien Stripping
  • Dischargeability Actions
  • Equitable Debt Subordination
  • Fraudulent Transfer Litigation and Defense
  • Debt Recharacterization Defense
  • 11 U.S.C. $363 Sales

We operate Nationwide. We will be your one point of contact for the preparation and filing of Proofs of Claim, Transfer of Claims, PPFN, Payment Changes, Request for Notice, and Reaffirmation Agreements in every jurisdiction in the United States

Foreclosure

Our attorneys assist servicers, lenders, investors, and asset managers with foreclosures. They are pro-active in assisting our clients in finding a solution to any issue and are supportive in finding resolutions. Each firm believes in a high level of client communication so that their matters proceed timely. Each firm is experienced in providing services within all Fannie Mae, Freddie Mac, VA, FHA, and investor client timelines, and complies with all applicable fee and regulatory compliance guidelines. The firms prosecute the foreclosure without the delays of the “big box, foreclosure mills.” The firms have extensive experience in the following foreclosure-related areas:

  • Judicial and Non-Judicial Foreclosures
  • Fix and Flip Foreclosures
  • Commercial foreclosures
  • Personal Property Foreclosures
  • Foreclosures of Mobile / Manufactured Homes
  • Title Claim and Curative Actions
  • Strict Foreclosure and Quiet Title Actions
  • Short Sales
  • Deeds in Lieu of Foreclosure
  • Deficiency Actions
  • Senior Lien Monitoring
  • Mediation and Alternative Dispute Resolution
  • Contested Foreclosure Actions
  • Tax Deed Foreclosures

Litigation & Appeals

Litigation

Our attorneys possess the litigation expertise to effectively represent clients in all real estate related litigation matters, including:

  • Litigated Foreclosure Actions
  • Title Insurance Claims
  • Title Curative and Quiet Title Litigation
  • Municipal and County Disputes, including code violations, water lien resolution and litigation
  • Suit on Note
  • Condemnations
  • Forfeitures
  • Tax Sales (redemption, application for excess proceeds, and related litigation)
  • HOA Litigation
  • Lien Disputes

Appeals

Our attorneys possess the skills and experience necessary to handle your appeal.  Your case will be evaluated to determine whether the court’s order is appealable and the likelihood of a successful appeal.  Our attorneys thoroughly review the lower court record, analyze and understand the legal complexities at issue, and effectively frame the arguments to obtain the best possible outcome on appeal.

Evictions

Our attorneys are experienced in all aspects of the eviction process including potential defenses and counterclaims. Our objective is to ensure the proceedings are completed timely and accurately through proactive management of the timelines and the legal process. Our firms work with investors and borrowers to negotiate “cash for keys” agreements to assist the borrower and to reduce legal costs and damage to the property.

  • Judicial Evictions
  • Post Foreclosure Evictions
  • Cash For Keys
  • Personal Property Evictions

 

Private Money Originations

Our attorneys have experience with bridge/private money transactions in both closing the loan transaction and, if necessary, foreclosure when the loan defaults. Commercial loan documents on Fix and Flip properties and commercial buildings are rarely standardized as is the case with a standard residential mortgage. Our attorneys will work with the lender to draft the documents necessary to protect the rights of the lender with an eye toward enforcement of the lender’s remedies. The larger the transaction, the more complex and the more expertise is needed to prepare the documents properly, which is why our attorneys have the requisite experience. If the loan defaults, the attorneys know the difference on how to prosecute the foreclosure without the delays of the “big box, residential foreclosure mills.” The attorneys are skilled to overcome any problems that arise when the original loan documents are deficient. A few of the services offered to Private/Bridge Money Lenders are:

  • Customized Loan Documents
  • Settlement-Closings 
    • Fix and Flip
    • Multi-Family
    • Bridge Loans
    • Construction Loans
  • Foreclosures
  • Bankruptcy

Nationwide Bankruptcy Services

Our Bankruptcy Department provides comprehensive legal representation for creditors affected by consumer and commercial bankruptcy filings, both locally and nationally. We are your one point of contact for the Nationwide preparation and filing of Proof of Claim, Transfer of Claims, PPFN, Payment Changes, Request for Notice and Reaffirmation Agreements in every jurisdiction in the United States.

We work with Investors and servicers as the single point of contact for the timely filing of bankruptcy transfers of claim on Loan Portfolio Sales and the Service Transfer of Loan Portfolios.

When necessary, Motions for Relief, adversary actions, and other contested matters are handled by local bankruptcy counsel. There is no fee splitting; local counsel receives 100% of attorney fees for their professional services.

Our goal is to ensure that our clients’ interests are fully protected within the context of the bankruptcy.

  • Proof of Claim
  • Transfer of Claim
  • Portfolio Transfers of Claim
  • Motion for Relief
  • Objection to Confirmation
  • Review of Plan
  • Nationwide preparation and filing of Proofs of Claims, Transfer of Claims, PPFN, Payment Changes, Request for Notice, Reaffirmation Agreements in every jurisdiction in the United States.
  • Nationwide preparation and filing of Motions, adversary actions, and other contested matters are handled by local bankruptcy counsel. There is no fee splitting, local counsel receives 100% of attorney fees for their professional services.

Nationwide Title Searches

Acquisition Investor Nationwide Title Searches

We furnish title searches nationwide for mortgage note buyers and foreclosure attorneys. We work with a national company that has taken title searches to the next level with their proprietary technology. This technology and operational efficiencies allow for a better product and a faster delivery of your product request. They have created the only consolidated portfolio dashboard in the industry, available by spreadsheet or over API, by integrating the Title/Tax O&E results with Unrecorded Lien Searches (township searches for code enforcement liens and permit violations), Water and Sewer Payoffs, and Bankruptcy Scrubs (specific for note/capital markets). They perform Asset-Level Grading, Page-by-Page Title Exam, Assignment Chain Review, Title Policy Exception Review, Pre-Recording Scrub, and Curative Services. VPR Search Integration is also available in select states. Additionally, we offer, 2nd Lien Bankruptcy Scrubs and 2nd Lien Title Searches to determine if the lien is secured.

  • Loan Acquisition Title Search
  • Foreclosure Title Search
  • Property Purchase
  • Lien Search
  • Tax Search
  • Title Updates

Please call or email George if you would like to set up a demonstration, or to receive pricing.

Forbearance-Loss Mitigation

Caballero Lender Services assists its clients with the resolution of troubled loans through loss mitigation. We provide a white label program for banks, mortgage servicers and investors to give support with borrower communications, consumer outreach and call center services to find a settlement solution. Our seasoned staff are skilled in initiating and completing forbearance and loan modification agreements and deed in lieu of foreclosure with borrowers across the nation. When necessary, the firm refers and manages foreclosures on a nationwide basis to assist asset managers and reduce operational costs, and free-up in-house resources.

  • Borrower solicitation – communicate with borrowers to attempt to resolve payment delays and/or defaults
  • Private Investor Forbearance Agreement – Customize loan agreements to conform with investor guidelines and assist the borrower that has defaulted on their mortgage payments
  • Government (GSE) Forbearance Agreement—communicate with borrowers that are unable to pay their mortgage to explain and assist with complying with GSE forbearance requirements
  • Deed-In Lieu – provide support services to help with the deed in lieu of foreclosure negotiations and document preparation for borrowers that no longer want to retain their house
  • Foreclosure Management Assistance — provide foreclosure referral and oversight 
  • Bankruptcy Management Assistance — provide bankruptcy referral and oversight 

REAL ESTATE SETTLEMENT & CLOSING SERVICES

Caballero Lender Services works with real estate attorneys that have extensive experience and specific knowledge of all aspects of buying, selling, and financing residential and commercial properties. The attorneys represent various residential and commercial lenders, private money lenders, and private equity funds. Drawing on our extensive experience, knowledge, and relationships we can offer our clients professional, efficient representation—insuring your real estate transaction closes smoothly. Our closings services include: 

  • Residential
  • Commercial
  • Fix and flip
  • Multi-family
  • REO (Real Estate Owned)
  • Borrower Refinancing
  • Customized Loan Documents for Private Money Lenders