Berlin Patten Ebling’s attorneys represent both institutional and private lenders in connection with the smallest of private loans to the most complex of commercial loans.
Berlin Patten Ebling handles a multitude of loan transactions for lenders, including VA loans, FHA loans, SBA (both 504 and 7a) loans and non-government backed loans.
We welcome the chance to work with you on your loan-related matters.
Our lawyers are committed to providing an exceptional customer experience. Our legal team establishes your goals up front in order to create a custom strategy to achieve those objectives. We are responsive to your needs, answering questions in a timely manner and keeping you informed of all progress in your case.
Contact us to schedule a consultation in which we can answer your questions and recommend the best steps to take. We serve clients throughout Southwest Florida from offices in Sarasota, Venice and Lakewood Ranch.
Creditor Rights Representation
A bankruptcy notice from a Federal Bankruptcy Court filing can be an alarming experience for any creditor or lender. Fears of expensive sanctions resulting from accidental violations of the automatic stay and questions about the future collectability on the debt owed are natural first responses to any notice from a bankruptcy court.
Berlin Patten Ebling specializes in creditor rights representation and is happy to protect the interests of its creditor and lender clients by helping them navigate through the bankruptcy process and ensuring every effort is made to enable our clients to regain access to their collateral, or in the alternative, to maximize the payment to our clients’ claims.
Bankruptcy is a fast moving process where a delay may impede a creditor’s ability to receive payment or object to its treatment in a case. For example, as of December 1, 2017, the deadline to file a proof of claim in a chapter 7 (liquidation), chapter 13 (personal reorganization), or chapter 12 (farmer) case is 70 days from the date the bankruptcy was filed. Failure to file a valid and correct proof of claim can result in a creditor not receiving the payments due to it in the bankruptcy case.
If you receive a bankruptcy notice or made aware of a possible bankruptcy on an account whether or not this account is in default, contact our office immediately to use the federal bankruptcy laws to protect your rights to your collateral and/or receive payment.
We are happy to assist mortgage servicers, banks, credit unions, auto-finance corporations, and many other companies.
Berlin Patten Ebling offers creditor clients representation in Out-of-Court Workouts. An Out-of-Court Workout can be a preferable alternative to litigation or bankruptcy when there is a contractual default.
Consensual agreements negotiated outside of court can be very beneficial for all parties involved. Below are some of the benefits of an Out-of-Court Workout for lenders and creditors:
- Can be a less expensive alternative to litigation;
- Negotiations and implementation of the agreement of an Out-of-Court Workout may take less time than an agreement achieved after litigation has commenced;
- Less court supervision and interference;
- Allows creditor more recovery than it would be entitled to in a bankruptcy filing;
- Allows for creativity in forming an agreement that is satisfactory and conforms to the creditor’s needs, such as special provisions needed for accounting, compliance, or internal policies;
- Enables the default to be cured using beneficial terms to the creditor rather than only receiving value from the creditor’s collateral; and
- Creditor must consent for the workout to be successful!
We are happy to assist mortgage servicers, banks, credit unions, auto-finance corporations, and many other companies throughout Southwest Florida with Out-of-Court Workouts for defaults associated with business loans, residential or commercial real estate loans, or obligations resulting from personal guarantees.
Our legal team will create a custom strategy focused on achieving your desired results in a timely and affordable fashion while providing you our signature Berlin Patten Ebling customer service and accessibility.