印第安纳州债权律师
Today’s economy is a challenge to both creditors and debtors. The financial stability of both parties depends on the other following through with the terms of the agreement. While much is made of borrowers who have gotten in over their heads, lenders have repayment rights and they are the ones left in the lurch when debtors default.
债权律师在 丘奇，兰登，洛普，巴内特·劳 have extensive experience representing a diverse range of clients in all aspects of the collection process. Whether you are an individual creditor or a financial institution, having an attorney on your side can often be all you need to motivate borrowers who are ignoring delinquency notices. We are committed to providing each of our clients with personal attention, 从付款信到结算, 丧失抵押品赎回权, 或诉讼.
We know how to use federal regulations and 印第安纳州 statutes 帮助 creditors maximize their recovery in workout agreements, 收集程序, 破产案件, 收回, 和更多的. If traditional collection approaches aren’t working, you may have more options and protections than you think. Learn more about your creditor rights under the law during a confidential consultation. Contact us today to start finding solutions: complete our online form or call us at (812) 725-8224.
房地产
Under a typical note and mortgage transaction, a lender gives a loan to a borrower in exchange for the promise of repayment, 加上利息和其他费用. The real property is collateral for the mortgage loan. If the debt is not repaid and a workout agreement can’t be arranged, the lender has the right to foreclose on the property – the right to ask for it to be sold to cover the debt. 可以通过多种方式触发Default, 包括错过的付款, 未纳税, 和浪费.
Each state has its own highly specific laws addressing the process that a lender must follow when a borrower defaults, 包括适当的通知, 机会带来贷款的流动, 以及财产的出售. Because 印第安纳州 is a judicial 丧失抵押品赎回权 state, the process begins when the lender files a complaint. There is then a pre-丧失抵押品赎回权 period before the sale during which the borrower can satisfy the debt. Typically, this is three months, but for older mortgages, it can be longer.
在预止赎期到期后, a copy of the order of sale and the judgment are issued to the sheriff for auction. 在房产出售之前, the sheriff must post a notice of the sale at the courthouse and must advertise the sale by publication once per week for three consecutive weeks in a local newspaper of general circulation. The first publication must be made at least 30 days before the date of the sale. The sheriff must also serve a copy of the notice of sale to the borrower at the time of the first advertisement. 出售完成后, transfer of ownership is immediate and the borrower no longer has redemption rights.
A foreclosed property that sells for less than the amount still owed on the mortgage grants lenders the right to seek a deficiency judgment. 在印第安纳州, the borrower is responsible for the difference between what the property sold for at auction and the amount of the original loan. 除了抵押贷款违约, a creditor that files suit against a debtor and prevails can obtain a judgment lien, 它附着在 房地产. The creditor then may be able to force a sale to collect on the judgment. A purchaser’s default on a land contract (also known as a contract for deed) can be foreclosed upon as well.
其他的债务
Real estate transactions are not the only ones that may require debt collection. 合同义务, 拖欠帐款, and loan restructuring are just a few of the matters that creditors may need legal guidance. When a borrower’s payments become delinquent or a borrower seeks bankruptcy protection, financial creditors must enforce their rights. 例如, creditors are entitled to share in the distribution of a borrower’s bankrupt estate, to challenge a borrower’s right to discharge the debt, and to be heard in court regarding the borrower’s plan when filing for certain types of bankruptcy. 除了破产援助, creditor’s rights lawyers can help with skip tracing, 资产位置, and enforcement of judgments as well as ensuring compliance with the Fair Debt Collection Practices Act and Fair Credit Reporting Act.
我们可以帮忙
From filing suit seeking 丧失抵押品赎回权 to enforcing mortgages, 留置权, 和判断, 教会的债权律师, 兰登, Lopp, Banet Law可以提供帮助. We understand the issues and can guide you through the process. We will work closely with you and help you make the best decisions possible. For skilled and knowledgeable representation, bet9九州体育登录线路 us by calling 812-725-8224 or filling out our online form. 总部设在新奥尔巴尼, 印第安纳州, we proudly serve communities throughout Kentuckiana, 包括：弗洛伊德县, IN; Harrison County, IN; Scott County, IN; Washington County, IN; Jefferson County, 印第安纳州和克拉克县, IN.
律师杰森·洛普
Jason Lopp has focused his practice on representing financial institutions, 大公司, 家族企业和个人. Licensed to practice in both 印第安纳州 and 肯塔基州, 他的业务包括房地产诉讼, 商业地产交易, 分区, 建设, 一般诉讼, business planning and risk management matters. [ 律师生物 ]
