The Law Office of Benjamin R. Levinson, APC, represents lenders who seek to obtain a court ordered judicial foreclosure of real property and to obtain a deficiency judgment for money damages against the borrower and/or guarantor due to the judicial foreclosure sale of the property being insufficient to pay the debt in full. Actions undertaken include:
- Obtaining a Litigation Guarantee of all liens encumbering the real property of the borrower;
- Preparation, filing, and service of a Summons and Complaint for judicial foreclosure on all parties required in the county where the real property is located;
- Recording and filing a lis pendens to protect the lender from liens recorded after the action is filed;
- Discovery by way of depositions, document production, interrogatories, and obtaining of experts for trial;
- Seeking summary judgment if appropriate and/or conducting a trial of the action;
- Obtaining entry of judgment of foreclosure and order of sale of the real property;
- Obtaining a writ of sale of the real property;
- Subsequent to a sheriff’s sale of the real property, timely filing and litigating the hearing to obtain a deficiency money judgment;
- Preparation, filing and service of a money judgment for the deficiency amount ordered by the Court;
- Enforcement of the Judgment thereafter.