Secured Transactions and Creditors' Remedies

I assist clients in reviewing and documenting financial and credit transactions – such as secured and unsecured loans, mortgages, leases, financing contracts and personal guarantees. When a borrower or obligor defaults in the payment or performance of their obligations, I also assist the lender or obligee in enforcing their creditor’s rights against the defaulting party. This element of my practice includes:

  • drafting private lending and credit agreements, including loan agreements, promissory notes, personal guarantees, mortgages, collateral assignments and UCC financing statements
  • dispute resolution, arbitration and mediation under existing agreements
  • collection of commercial debts
  • pursuing court-based remedies – including obtaining and collecting money judgments, bank account levies, third-party levies, sheriff’s sales, employer garnishments, bankruptcy claims, and related creditor actions
  • filing and enforcing mechanic’s liens and possessory liens
  • cancellation of contracts for deed
  • mortgage foreclosures
  • recovery of amounts owed following landlord/tenant disputes and eviction proceedings.
Attorneys:  Steven G. Potach

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