Foreclosure

The Foreclosure team at Markus Williams Young & Hunsicker provides a full-spectrum range of services relating to public trustee and judicial foreclosures.

Our legal team focuses exclusively on commercial, residential development and agricultural real estate loan foreclosures. Our attorneys bring special skill sets to foreclosure situations in the state of Colorado, where foreclosures of Deeds of Trust are typically handled non-judicially by a Public Trustee. Our clients include major national banks, international banks, community banks, and other financial institutions and private equity funds and private lenders that demand the prompt, efficient services we offer in commercial foreclosures, loan workouts, and receiverships.

A typical public trustee real estate foreclosure in Colorado, from notice of default to issuance of the confirmation deed, can span six months and can often become complicated. Among the complicating issues that commonly arise are mechanics’ liens against the troubled property, lease and rental income recovery through receiverships, junior lienor rights of cure and redemption, pre-foreclosure note sales, UCC sales of personal property and the effect of bankruptcy filings both pre- and post-foreclosure sale. All this means that the foreclosure process can be extremely complex and require the highest degree of expertise.

How Can We Help?

We provide a sophisticated set of legal services that covers all aspects of the Public Trustee foreclosure process on non-consumer properties, including

Evaluating the status of title pre-foreclosure/potential for deed-in-lieu of foreclosure
Preparing the Notice of Election and Demand for Sale (NED) and other documents that are required to begin the foreclosure process
Submitting documents to the Public Trustee of the county where the property is located
Obtaining updates to the Foreclosure Guarantee to determine if any new encumbrances or liens were recorded before the filing of the NED.
Filing a Motion for Order Authorizing Sale pursuant to CRCP Rule 120
Dealing with Redemption Notices – junior lienor cure rights

In those circumstances involving mortgages, discrepancies in legal descriptions, borrowers’ names or even errors in a client’s loan documents, a judicial foreclosure may be required. We have the legal resources and staff to guide you through the litigation arena when judicial foreclosures are the only alternative.

We frequently document note sales during the foreclosure process and conduct UCC sales of associated personal property post-foreclosure. Our attorneys are veterans of multiple business cycles and are full prepared to promptly and efficiently prosecute all creditor’s rights actions including receiverships, replevins, attachments, injunctions and quiet title actions.

As an adjunct to our foreclosure practice, we negotiate and structure deed-in-lieu of foreclosure in appropriate circumstances.

Why Markus Williams Young & Hunsicker?

Each of our foreclosure attorneys has a minimum of 10 years experience in handling foreclosures, and they focus exclusively on commercial real estate foreclosures. This single-minded focus has produced an expert legal team with a solid background in public trustee foreclosure laws and judicial foreclosure practice, employing time-tested techniques that allow foreclosures to be carried out as efficiently and economically as possible.