Creditor/Debtor and Mortgage Foreclosures
Our lawyers regularly assist secured and unsecured creditors and debtors in loan workout, debt restructuring, asset recovery and confession of judgment contexts. When such a non-judicial resolution of a payment default cannot be achieved, we litigate. The firm represents private lenders and creditors, as well as numerous state and federal banking institutions, in the state and federal courts in New York in actions seeking money judgments, foreclosure of mortgages (commercial and consumer), attachments, mechanics and other liens, and related relief. We routinely obtain court appointment of temporary receivers of rents, and foreclose security interests in, or obtain replevin of, personal property collateral. Once a money judgment is entered, our lawyers are adept at enforcement proceedings under New York law, and in prosecuting and defending fraudulent conveyance actions to set aside transfers by judgment debtors and other obligors of real or personal property, with actual or constructive intent to defraud creditors. We also bring proceedings to enforce out-of-state and foreign country judgments in New York.