Campbell & Brannon’s default services department handles all matters associated with non-performing real estate, including foreclosure, bankruptcy litigation, eviction, and REO. Our team of experienced attorneys and paralegals provide the full spectrum of default legal services. Our attorneys have extensive experience representing lender and servicer clients throughout Georgia’s state and 11th Circuit federal courts.
At Campbell & Brannon, we understand that our default clients are often in a position of loss in managing non-performing assets. We are privy to the sensitive nature of these situations and are able to facilitate each client’s adjustment to the challenges and expanding regulation of the servicing and lending industries. Our Default Service providers are prepared to provide the highest level of care and expert legal advice in a cost-effective manner, from beginning to end.
We are actively using the latest technological advances in our process, which is exemplified in our custom foreclosure, bankruptcy and eviction tracking software program that handles all of your needs effectively and efficiently. Our team is well-versed in a number of servicer/lender invoicing and document referral/reporting systems, including LPS’ Process Management and Invoice Management systems, VendorScape, IClear, CounselLink, Serengeti, LenStar, Freddie Mac’s Quandis and FNMA’s EXPRESsubmit.
While we do not handle default work in states other than Georgia, as members of the American Legal & Financial Network and other default related attorney networks, we can refer excellent counsel in most other states.
We provide the following default services:
- Bankruptcy Adversary Complaints
- Breach Letters
- Condemnation/Eminent Domain
- Confirmation and Deficiency Actions
- Creditor’s Rights
- Deeds-in-Lieu of Foreclosure
- Document Preparation
- Evictions and Eviction Appellate Litigation
- Excess Foreclosure Proceeds Distribution
- Judicial Foreclosures
- Lender Liability/RESPA/TILA/FDCPA
- Loss Mitigation and Workouts
- Non-Judicial Foreclosures – Residential and Commercial
- Real Estate Closings
- Real Estate Title Policy Issuance
- Resolution of Mobile or Manufactured Home Title Defects
- Title Claims and Title Curative
- Litigation arising from any of the above areas of law.
When a lender purchases a foreclosed property and the former owner continues to reside at the property or leaves personal belongings at the property, an eviction or dispossessory proceeding should be filed. Our attorneys will work closely with the lender, as well as the agent, to ensure tenants and/or personal belongings are removed in a professional and timely manner without incident.
We highly recommend a dispossessory action be filed in any case where personal belongings remain on or in the property. Should the former tenant claim valuables were removed without the court’s permission, the lender can be held responsible.
Campbell & Brannon provides the following eviction services:
- Demand to vacate letter
- Court service of notice
- Attendance at court hearing in the event an answer is filed by the tenant
- Continuing communication between the lender, agent and tenant to ensure all procedures are handled legally and professionally
- Coordination with the eviction or removal crew, agent, and sheriff or marshal
- Customized status reports
At the request of the client, Campbell & Brannon will conduct all bankruptcy related work in addition to foreclosure and eviction proceedings. Our team is well-versed in all areas of Georgia bankruptcy law.
Our bankruptcy services include:
- Attendance at court hearings
- Bankruptcy litigation
- Customized status reports
- Motions for Relief
- Motions to Proceed with Eviction
- Notice of Appearance
- Proofs of Claims
- Reaffirmation Agreements
Litigation & Trial Practice
Campbell & Brannon’s litigation and trial practice team is comprised of hand-selected attorneys. Led by James Craig, these attorneys handle substantive and complex litigation for a variety of clients, including individuals, lenders, loan servicers, title insurance companies and their insureds, and other law firms. The team represents clients from across the United States in all levels of state, federal, and bankruptcy courts in Georgia, including hundreds of cases in federal court and dozens of cases before the 11th Circuit Court of Appeals. Our litigation services include:
Our litigators are very knowledgeable and proficient in appellate practice. They have participated in and won dozens of appeals in the Court of Appeals of Georgia, as well as the Georgia Supreme Court, and the 11th Circuit Court of Appeals. This group has also drafted and filed a number of amicus briefs dealing with matters of interest for our clients.
We represent lenders, loan service providers, and title insurance companies in bankruptcy courts, as well as challenges to proofs of claims and motions for relief, litigation lien avoidance and preference actions, and other contested and adversary proceedings related to the lenders’ and servicers’ security interests in real property, and state and federal claims related to the residential lender and servicing industry.
We represent companies and individuals in a wide range of business matters, including breach of contract claims, commercial collections, derivative actions, and tort claims like fraud and negligent misrepresentation, and breach of fiduciary duties by managers of corporations and limited liability companies.
Federal and State Forfeiture and Eminent Domain Cases
The litigation group can represent title owners and lien holders in the defense of federal and state forfeiture proceedings. In eminent domain cases, our attorneys work diligently to obtain the value of the taking to help make our clients whole, as well as to ensure that any money awarded is distributed pursuant to the relative contracts. In handling forfeiture proceedings, we work to ensure clients maintain the most interest in their property in cases of state or government seizure.
Foreclosure and Defensive Litigation
Our litigation team also represents lenders, loan services, and other law firms in actions brought by homeowners, homeowner’s associations, and third-party purchasers at foreclosure sales in state and federal courts in the state of Georgia. They often defend claims such as breach of contract, fraud and misrepresentation, unjust enrichment, wrongful foreclosure, wrongful attempted foreclosure, violations of the FCRA, FDCPA, RESPA, and TILA, and other laws and regulations.
Local Code Enforcement Actions
Lenders, loan servicers, and property owners rely on our litigators when liens or fines are placed against a property due to the alleged violation of municipal or county ordinances. Our team is skilled in negotiating and mitigating liens and fines, working closely with our clients to help them navigate these local issues.