Coan, Payton & Payne, LLC’s Creditors’ Rights attorneys are recognized experts in the field of assisting national, regional and local banks, institutional lenders and other creditors with the establishment, explanation and enforcement of their rights as creditors.
Our attorneys offer services in the following areas:
Real Property Foreclosures
- We routinely handle public trustee and judicial foreclosures, upon both commercial and residential properties, throughout the State of Colorado.
- We are well-versed in the complex issues that frequently arise throughout the duration of the foreclosure process, including mechanics’ liens, junior lienor rights of cure and redemption, pre-foreclosure note sales, and the effect of bankruptcy filings both pre- and post-foreclosure sale.
- We have substantial experience in procuring the appointment of receivers to take possession and control of secured collateral, and in working with those receivers to preserve and maximize the value of such collateral.
We regularly assist our creditors’ rights clients with:
- Restructuring real estate and asset-based financing
- Short sale transactions
- Deed-in-lieu of foreclosure transactions
- “Friendly” foreclosures
- Forbearance transactions
UCC Article 9
- We assist secured creditors with navigating the statutory framework of Article 9 of the Uniform Commercial Code so that they can be sure their liens are perfected, possess their anticipated priority and are foreclosed pursuant to commercially reasonable standards.
We provide strategic counsel to our clients so that they can collect what is owed to them. Specifically, we pursue:
- Collection of open accounts
- Collection of debt owed under promissory notes or guarantees
- Post-foreclosure deficiency actions
- Pre-Judgment attachments and replevin
- Post-judgment garnishments, charging orders, executions, and asset recovery actions
- Judgment debtor examinations
Lien priority disputes
- Disputes frequently arise between lenders and other interested persons regarding priorities of secured interests in real property. Therefore, we frequently represent lenders to protect the priority of their liens upon real property.
- We represent owners and managers of commercial and residential properties and offer assistance in terminating leases and evicting tenants due to non-payment and other events of default under written lease agreements.
- We represent banks and other institutional lenders with post-foreclosure eviction actions against tenants and former property owners.
Financial services litigation, including lender-liability defense
We successfully defend banks and other institutional lenders against a wide variety of claims including:
- Breach of contract
- Bad faith, fraud and misrepresentation
- Negligent administration
- Violation of state and/or federal statutory provisions such as TILA, RESPA, ECOA, FCRA, FDCPA, COCCA, RICO