Recently, we have seen a lot of litigation involving banks. Bank litigation is common when there has been a sudden drop in the value of real estate. When the value of an asset drops and the debt remains constant, a dispute will often result.
The most common type of bank litigation in this real estate market is a deficiency action. A deficiency action arises when an individual has barrowed money to purchase real estate and then is unable or unwilling to pay back the loan. The bank forecloses on the property, and then sues the barrower for the difference between what was borrowed and what was recovered for the property after foreclosure. These lawsuits sometimes arise after a short-sale or a deed-in-lieu of foreclosure.
Usually, we represent the borrower in these situations. The borrower is usually under a great deal of stress. Often, she has always paid debts. She has never been behind on a mortgage or loan repayment, but does not have another option based upon the realities of the real estate market and her own personal finances. She has tried to get help from the banks, and found that the banks just want another payment.
These people should contact us immediately and without further delay. We can give them information, share our experiences, and help them understand best- and worst-case resolutions for these complex financial problems. Whether you are a developer with hundreds of properties, or an individual with under-water investment property, we can help you put together a strategy that will address these liabilities without unnecessary harm to your financial future.
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