Smith Moore Leatherwood regularly handles legal issues affecting real and personal property collateral. Our attorneys in South Carolina, North Carolina, and Georgia are experienced in dealing with the different procedures used in those states to realize on the collateral of our secured lender clients.
We prosecute real property foreclosures; have receivers appointed when appropriate to collect rentals; attend hearings to establish the outstanding debt; have the property advertised for sale; obtain deeds to the property to the appropriate purchaser at the foreclosure sale; coordinate with property managers, appraisers and real estate agents; draft contracts for sale of property; obtain deficiency judgments where appropriate; and evict borrowers or tenants from the property if they refuse to leave.
We also handle personal property foreclosures, and prosecute actions to recover possession; where appropriate, we seek immediate possession; we coordinate with the sheriff’s department and our client to have the appropriate person receive possession of the collateral; we send the proper notice of disposition of the collateral; we arrange for the collateral to be sold and for the appropriate title to be conveyed; we report the results of the sale to the interested parties; and we seek and obtain deficiency judgments where appropriate.
Lengthy procedure, ongoing delays and uncertainties in the enforcement of mortgages can threaten property value and loan interest, and prevent creditors from receiving timely recapture of their investments. Our mortgage enforcement team efficiently navigates each of the distinct legal phases of the enforcement process, making every attempt to minimize time constraints and achieve the quickest possible results.