Coleman Talley - Attorneys in Valdosta and Atlanta

Loan Servicing and Distressed Assets

Practice Area

Loan Servicing Enforcement Actions

The firm currently represents institutional lenders and special servicers in the coordination and management of foreclosures, work-outs and other disposition strategies. In its role as counsel to one of the country’s largest rated Special Servicers, the firm recently coordinated the efforts of law firms in 17 states for the purpose of resolving a 220-count defaulted pool of loans with an unpaid principal loan balance of $200M for a foreign bank.

Loan File Inventory Assistance

Distressed and/or seized Financial Institutions: In addition to institutional data and loan file due diligence legal review and analysis, the firm provides services associated with the closing of failed financial institutions including claims in litigation against the property or project, collections, settlements, asset management, asset servicing and facilities and records management.

Title Research and Curative Operations

The firm utilizes advanced web-based systems and technologies and a network of local title examiners to research and resolve complex real estate title defects, including improper access, property line disputes, utility availability issues and use restrictions and the impact of various declarations, covenants, easements, zoning ordinances and subdivision requirements. The firm’s wholly-owned subsidiary CT Title, LLC is a national account for the country’s largest title insurer, First American Title Insurance Company.

Distressed Asset Stabilization, Management and REO Disposition

The firm employs the following disciplines to aid in the final resolution and sale of Real-Estate-Owned (REO) assets of lenders:

  • Management of legal aspects of problem loan and REO dispositions including the negotiation of purchase and sale contracts, coordination of REO closings, litigation management and case strategies.
  • Oversight of asset management risk analysis including lender liability and creditor’s rights legal matters.
  • Drafting and negotiation of realtor listing agreements, property management agreements and other third-party service contracts for REO assets.
  • Drafting of rent direction letters and other landlord/tenant legal matters.
  • Review and analysis of property owner association governance.
  • Oversight of regulatory compliance and changes in Federal and State law affecting foreclosures and REO dispositions.
  • Management and oversight of legal counsel in states outside of Georgia.

Recent Accomplishments and Engagements:

The firm was appointed as FDIC outside Counsel for Georgia and is presently featured on the FDIC’s List of Counsel Available (LCA).

In 2011, the firm was engaged as national coordinating counsel for a European bank in the disposition of assets under a warehouse line of credit totaling $100 million in defaulted loans.

In 2011, the firm was engaged as national coordinating legal counsel for a private equity investor in the disposition of assets and credits acquired from 4 national banks valued at $150-200 million.

In 2012, the firm was engaged by a European bank as coordinating legal counsel in the disposition of a portfolio of REO single family residential properties in 13 states valued at $40 million.