Featured Attorney

Joel F. Bornkamp

Associate Litigation Counsel
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Legal League
Mortgage Bankers Association

Foreclosure

 

Our Foreclosure Department is staffed by skilled real estate attorneys licensed to practice in the states of Ohio, Kentucky,Indiana and West Virginia. From our central tri-state location in Cincinnati, Ohio, we can initiate foreclosure actions and obtain a judicial judgment and sale of real property in county courts in Cleveland or Toledo, Ohio; in Louisville, Lexington or Bowling Green, Kentucky; and Indianapolis, Evansville or Gary, Indiana. Our alliance with some of the most experienced real estate experts in the Midwest provides our customers with the knowledge of an entire network of legal and real estate professionals, and the peace of mind that there is no challenge that our firm cannot meet.


While our firm is bolstered through our professional associations, it is our internal processes that form the foundation for our foreclosure activities. Each foreclosure action begins with comprehensive title work. Each title survey includes a complete and accurate examination of the record title of the real property to be foreclosed. Not only do we ensure that all mortgages and liens of record are reported, we check probate records to ensure all title interests are identified, and we check bankruptcy records in the court district where the real property is located to determine whether the real property and its owners are under federal bankruptcy protection. We identify all potential title issues, and more importantly, we propose and implement solutions. We notify our client of additional interests they may have in the property and ensure that all of the client’s interests are protected. All of these elements of our title work are geared to ensure that the client receives a clear and marketable title. Best of all, our title work is performed at a reasonable cost to you. 

 

The process of judicial foreclosure is long, complex, and varies from state to state, jurisdiction to jurisdiction, and sometimes from judge to judge. Nonetheless, we have distilled the foreclosure process to create an action timeline to manage and monitor the progress of each of our clients’ cases. Because so much of the foreclosure process is outside of our direct control, we aggressively manage each foreclosure to eliminate as much lead time as possible from complaint to sale. We manage each foreclosure to industry standards. Our standard provides an aggressive basis for exception reporting and daily lead-time analysis by our management team. We constantly strive to create and improve upon a workflow process that reduces the amount of time it takes for our client to recover its asset, but without sacrificing the quality of the process.


If you have been served with a foreclosure complaint and need your interests protected, our attorneys and staff are prepared to take the appropriate measures to timely file a response on your behalf. Our service does not end there, however. We monitor the ongoing court action and report the status to you. We obtain necessary tax and title information. We provide our expertise in determining bidding options, obtain first mortgage payoffs if applicable, and apply for, and obtain excess funds when available.


Although we are fully prepared to use the legal processes available to recover the client’s financial investment, we also recognize that foreclosure alternatives can ultimately save the client thousands of dollars and preserve the client’s relationship with the customer. To that end, we take loss mitigation seriously. Our staff is trained to identify and report all possible loss mitigation opportunities to our Home Retention Department. Tailored to your unique needs, we gather specific information to permit the client to evaluate each case for settlement opportunities. Whether a reinstatement, a workout, or a short sale, our staff is prepared to gather the correct information for a decision by the client. We also offer services to assist our client’s with loss mitigation solutions. Our services include document preparation for forbearance and deed-in-lieu agreements, loan modification documents, and mutual indemnification agreements. We also obtain any additional tax or title information needed to complete the loss mitigation process, and we file the final documents for you.