Our firm has been very successful in assisting clients facing foreclosure or who have already been foreclosed upon, as well as those who have received
notices of dispossessory. Legal foreclosures require that the lenders and/or their foreclosure attorneys take proper legal steps in the process of foreclosure.
If these steps have not been properly taken by the mortgage lender or foreclosure attorneys, then we have a possible basis to stop a foreclosure or file
claims for wrongful foreclosure against the lender and/or foreclosing attorneys.
Our intent is to assist in saving our clients’ home through whichever avenue works best for our clients. This involves investigation and research of the
legal steps taken by the lender and/or their attorneys and, with respect to commercial property possibly negotiating a short-sale of the property with
the lenders, and/or negotiating a modification of the current mortgage so that the owner does not lose their property due to default.
We strongly suggest that you take action by contacting our attorneys, or another attorney, to avoid foreclosure before it happens.
As an owner or tenant of commercial property, your entire business and income may be a stake. Along with residential, we have been very successful in
stopping foreclosures on commercial properties. Your business or company provides economic support to you, your families, your employees and your employees’
families. Please seek legal representation before you and your employees' livelihood is taken away.
A short-sale of your property is one of many options for those facing foreclosure. The goal is to relieve the property owner of significant debt and attempt
to relieve the property owner of any deficiency claim (see description below) by their mortgage company(s). Furthermore, if you have a second mortgage
on your property the second lender can file suit to collect the balance of your second mortgage.
We strongly recommend you seek legal representation during this process as the legal issues are significant. Our firm can negotiate short sales on commercial
In Georgia, a lender has certain rights to pursue a property owner for the difference between the balance of their mortgage and the amount collected at
the foreclosure sale. This is known as a deficiency claim. A short-sale may also be followed by similar action against the property owner if the property
is sold for less than the balance of the mortgage.
Our firm is prepared to represent you in any deficiency action and we encourage you to immediately seek legal representation on any such matters. Legal
counsel can assist you in avoiding costly financial repercussions.
NOTE: Although litigation is an expensive proposition, we are litigators. We are also one of a few legal firms who will take on the lenders, on your behalf,
through litigation of your claims. Your legal damages may far exceed what you believe. Whether you speak with us or another litigation firm familiar with
this area, PLEASE SEEK LEGAL HELP AND ASSISTANCE IMMEDIATELY.
Real Estate Law & Litigation:
We are particularly adept in the real estate area. Understandably, real estate transactions can be overwhelming with loads of paperwork, a multitude of
companies involved, lawyers, buyers, sellers, etc. We can help clarify this confusion. Our experience regarding this matter includes:
* Defense of consumers against mortgage companies
* Suits against banks on behalf of homeowners
* Investors of condominiums (see below for further description)
* Litigation relating to unfulfilled contractual obligations
* Litigation for financial harm and damages
* Mechanics liens
* Mortgage Fraud (see following page, listed under practice areas)
* Quiet title actions
* Promissory note collection
* Real estate contracts; purchases/sales
* Representation of real estate developers and contractors
* Suits relating to faulty construction
* Title analysis
* Title clearance
* Wrongful foreclosure (see below for further description)
* Wrongful evictions (see below for further description)
Complex Dispossessories (Landlord/Tenant issues)
Many homeowners and/or investors wishing to lease or rent their properties face a myriad of legal rights of tenants to whom they want to lease or rent
their properties. A landlord must protect and guard themselves against any future issues by having properly drawn legal applications and leases prepared
for prospective tenants. Our firm will prepare such applications and leases to fit a landlord's specific needs in assuring that they gain and maintain,
over time, a valuable return on their investments by renting and leasing to tenants.
Georgia law provides a great deal of rights to tenants. With these rights, landlords may unforeseeably put themselves into a position of wrongful eviction
of their tenants. Tenants rent payments may become overdue or their actions may not be consistent with the agreement the landlord had set up, but without
a properly drafted lease agreement it can be extremely difficult for a landlord to actually evict their tenant(s) from the property. We offer services
to those landlords who are faced with such difficult tenants and we are well versed in dealing with these tenants on behalf of our clients.
Mortgage Fraud is one of the most devastating types of criminal activity in our society today. The process of mortgage fraud, in and of itself becomes
more and more sophisticated every day. Mortgage fraud has developed into a highly complex tangle of lies throughout the home buying-and-selling process.
It has a long-range, devastating effect on society and the housing market at large. By using our vast knowledge in this area, our trained personnel and
our experienced private investigators, we have been very successful at untangling this web of deceit for many mortgage fraud victims.
A few examples of mortgage fraud are:
* Appraisal Fraud
Predatory mortgage lending is sometimes more detailed in structure and extremely more difficult to recognize. U.S. consumers are often victims of this
type of mortgage fraud. While legally conducting business, a few of these brokers and lenders are finding loopholes in the system to obtain an accelerated
profit from their transactions.
* Employment/income fraud
* Failure to disclose liabilities
* Mortgage fraud ring
* Mortgage servicing fraud
* Occupancy fraud
* Predatory mortgage lending
* Short sale fraud
These types of mortgage fraud transactions include:
* Balloon loans: after a series of low payments, the remaining balance is due in a lump sum
* Convincing borrowers to refinance a loan several times, each time increasing monthly payments or amounts owed
* Encouraging applicants to include false information
* Encouraging borrowers to leave signature lines blank
* Failure to include a Good Faith Estimate, Truth in Lending and/or Settlement Statement
* Failure to explain unexpected costs at the settlement
* Presenting loan amounts higher than the value of the home
The scope of mortgage fraud is very serious and has spread throughout the nation. Our goal is to properly prosecute these cases in order to make our clients
financially whole and to stop the progression of these fraudsters in continuing their illegitimate business practices.
Our law firm represents consumers by defending them against unlawful debt collection suits and practices*. Many consumers find themselves overwhelmed
by credit card debt and/or other debts owed to creditors, who are pursuing them on their own behalf, through debt collection companies or through debt
When creditors and debt collectors attempt to collect debts from consumers, they must comply with certain state and federal laws. Such laws may include
the Fair Debt Collection Practices Act and the Georgia Fair Business Practices Act. Our firm is prepared to advise you as to whether these creditors/collectors
and their practices are in compliance with your rights and both state and federal law.
Our firm is prepared to advise you as to what, if any, remedies, actions or defenses you may have against these creditors/collectors.
Many consumers are surprised to receive or be served by legal process by collection agencies or collection attorneys on prior valid or invalid debts.
Our firm is prepared to defend you against such suits and potentially turn the tide against the collectors and collection attorneys by utilizing the above-noted
state and federal rights belonging to the consumer in this area of the law.
If you are in fact served with a suit by a creditor, collection agency or collection attorney, we strongly advise that you seek legal counsel as soon
as possible. Whether you seek out our firm or another firm, you have certain rights and defenses against such litigation. Failure on the consumers’ part
to seek out legal assistance may result in default judgments against the consumer, followed by a number of means of collection of that judgment through
garnishment of wages, taking of personal property and other post judgment collection activities.
Our firm cannot overemphasize the importance of seeking legal counsel in such instances as the long term effects against you are potentially even more
disastrous than any amount of debt that you may have validly owed to a creditor to begin with.
Sometimes difficult financial situations are the result of finances slowly getting out of control over time. Many of the clients we represent, however,
have also experienced a life-changing event that makes it difficult or impossible to pay their creditors.
If any of the below have happened to you or your family, you are in the same situation as many of the people our Georgia bankruptcy lawyers help on a
daily basis. And we can help you, too.
* You lost your job.
* You recently divorced, or ended a relationship where your significant other helped pay the bills.
* You suffered an injury in an accident or at work.
* You have been diagnosed with an illness, and have significant medical expenses.
* Your home mortgage adjusted and you now have a much higher monthly payment.
* Your small business became insolvent.
* You lost a lawsuit or are being sued for large sums of money.
* You are now responsible for providing financial support for additional dependents, such as children or elderly parents.
* You suffer from an addiction to gambling, alcohol, drugs or shopping.
Regardless of the cause of your financial problems, Federal Bankruptcy Protection laws provide a way for you to obtain a fresh start. Of course, the only
real way to determine if filing Chapter 13 or 7 is right for you is to meet with an experienced bankruptcy attorney, fully explain your specific situation,
and have them advise you as to the best option.