Foreclosure and Collection

Collecting on commercial obligations is often a complicated and strategic undertaking. Collateral may be subject to rapid dissipation.  Third parties, and guarantors, may have responsibilities that need to be pursued.  Historical transfers need to be examined for possible avoidance.  Possible counterclaims and affirmative defenses must be considered.  Achieving success, therefore, requires professionals who not only understand applicable state and federal law, but who can navigate with agility in both federal and state court.

For decades, Snell & Wilmer has been providing these sophisticated services to its commercial lenders.  Our foreclosure and collection attorneys are comfortable in the debtor/creditor arena, are recognized by their peers as being leaders in this field, and represent some of the largest financial institutions and lenders who do business in this space.  Throughout the Southwestern United States, our attorneys represent clients in a wide variety of workouts, bankruptcies, foreclosures, receiverships, debt sales and acquisitions, and claims litigation.

Our attorneys offer services in the following areas:

• Disputes involving breach of financial contracts, leases and negotiable instruments
• Collection of open accounts and factored assets
• Collection of personal or company guarantees
• Deficiency actions
• Enforcement of landlord and mechanic liens
• Foreclosure of deeds of trust, mortgages, UCC liens and statutory liens
• Receivership actions
• Bankruptcy proceedings of all types, including relief from stay actions, preference and fraudulent transfer adversary proceedings, claim objections, executory contract motions, discharge and non-dischargeability actions, cash collateral motions, debtor financing motions and agreements, committee and trustee representation, and plan confirmation disputes.
• Pre-judgment attachments, garnishments and replevin actions
• Post judgment executions, charging orders and asset recovery actions
• Prosecution of federal and state bond claims
• Judgment debtor examinations

We work closely with the firm’s commercial litigation, bankruptcy, commercial finance, and real estate attorneys on these and other remedies.

Clients seeking assistance from our foreclosure and collection attorneys include small and emerging businesses to large corporations and national financial institutions.

Experienced and Invested: Our foreclosure and collection attorneys bring extensive knowledge and experience to the table, aimed at providing maximum value to our clients.  Members of the group stay abreast of new legislation and shifts in regulations, and are frequently called upon to present at seminars and panel discussions on foreclosure and collections related topics.

Efficient and Effective Services: By combining time-tested strategies with innovative, tailored approaches, our foreclosure and collections attorneys are able to maximize our client’s recovery while providing high quality work at a reasonable cost.