Creditors' Remedies

The attorneys in Messerli Kramer’s Banking and Finance group possess broad and extensive real-world experience in consumer and commercial loan enforcement, and they are capable of providing a wide range of services encompassing the full-breadth of loan enforcement activities. Our attorneys formulate effective and efficient strategies for resolving defaults and reaching the desired outcomes for clients. Oftentimes, through effective assessment of the case early in the default process, we can reach pre-enforcement settlements through negotiations and workouts. We also assist clients in navigating foreclosure, title, bankruptcy and possession issues. At any stage in the enforcement process, our Banking and Finance attorneys help our clients navigate the legal and business issues to achieve high-quality results.

Representative Experience

• Represented lender enforcing its rights via three mortgages against a multi-unit common interest community property, including foreclosure of the mortgages against the property; enforcing assignment of leases and rents; dealing with an inactive CIC association; and handling issues with Torrens property.

• Represented group of thirty-plus Tenancy in Common owners in a workout of a $26.75 million loan secured by a portfolio of seven industrial properties in the Twin Cities, concurrently managing the receivership and facilitating a sale of the property.

• Represented lender in a boundary-line dispute and temporary injunction to prevent demolition of building while negotiating settlement with adjacent property-owner over a house that was constructed on the property-line.

• Represented secured creditor in a replevin action in federal court; a subsequent motion for relief from stay in bankruptcy court; and a motion to turn over leased property and allow for the sale of recovered property.

Professionals