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Non-Judicial Foreclosures
Reiter & Schiller has handled more than 100,000 foreclosures of non-judicial within the State of Minnesota. Wells Fargo Bank and HSBC are among the firm's largest clients. The firm handles all aspects of the foreclosure by advertisement process including preparation of pre-foreclosure title work; drafting; serving and publishing foreclosure notices; lien searches; communications with mortgagors, sheriffs; third parties and clients; attending foreclosure sales; reinstatements; payoffs and redemptions.
Judicial Foreclosures
Although the majority of Minnesota foreclosures are non-judicial, judicial foreclosures are necessary under the following circumstances: resolution of title issues; adjudication of lien holder; deficiency judgment sought by lender; federal judgments and homeowners avoiding service. The majority of the judicial foreclosures proceed by default but in the event a case becomes contested, the firm has experienced litigators who can minimize client’s liability and costs during the litigation.
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Title Claim Management
Due to the increasing number of title claims in recent years, Reiter & Schiller has
supplemented its title claims division with experienced paralegals and attorneys to expedite the claims process. The firm files claims on behalf of clients; monitors the claims to resolution; monitors litigation by outside counsel and, if retained by the client or title insurer, represents the client the title claim litigation.
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Agricultural Mediation
If a property is classified as agricultural, the lender cannot proceed with a
foreclosure prior to participating in mandatory mediation. The firm files the mediation notice; works with the lender’s loss mitigation department on options for settlement and attends the mediation on behalf of the lender.
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Five Week Redemption Actions
If a property is abandoned and otherwise qualifies under the Minnesota statute, a
foreclosing lender can reduce the normal six month redemption period to five weeks. This action is separately commenced in the District Court either prior or subsequent to the foreclosure sale and is usually uncontested. It provides an enormous benefit to the lender as it expedites the foreclosure and marketing process.
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Evictions
The law firm has significant experience in evictions and has handled a large volume of unlawful detainers, both routine and contested. The recent changes in federal and state law relating to tenant occupied properties have necessitated new procedures being put in place to expedite the process for the client while complying with the various investors’ guidelines. Realizing that evictions can often be avoided by clear and direct communication with the mortgagor and tenants, the firm has worked closely with its clients to develop procedures to communicate with mortgagors and tenants during the redemption period to avoid any delays in marketing the property.
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Proceedings Subsequent To Registration
An action entitled a proceedings subsequent is required for all non-judicial foreclosures of torrens property if the lender becomes the owner subsequent to the expiration of the redemption period. The firm streamlines this procedure by obtaining advance authorization from the client and proceeding with this action immediately after redemption period expiration. The firm has successfully completed a high volume of proceedings subsequent actions, including contested matters. In routine cases our efficient procedures allow for entry of the order as soon as allowed by statute. Moreover, letters of undertaking are often negotiated to allow closing to occur without delay.
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Post Foreclosure Conveyances/Title Policies
Subsequent to the redemption period expiration, Reiter & Schiller routinely
conveys the foreclosed property to the investor; FHLMC; FNMA or HUD. The firm also issues title policies for FHA insured loans through Old Republic Title Insurance.
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REO Closings
Reiter & Schiller has successfully coordinated or directly closed thousands of
REO properties for mortgage lender clients. Our highly qualified closing teams includes attorneys and paralegals with over 30 years experience in the industry.
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Bankruptcy
Reiter & Schiller provides bankruptcy services ranging from obtaining relief
from the automatic stay to permit the foreclosure process to continue to filing proof of claim forms and, where appropriate, objecting to confirmation of Chapter 13 plans. The firm also provides bankruptcy litigation services by defending suits brought by bankruptcy trustees to avoid mortgage liens or recover allegedly preferential payments made by debtors before a bankruptcy case was filed.
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Litigation
Reiter & Schiller have successfully represented mortgage lenders in hundreds of litigation cases, both as plaintiff and defendant. The Plaintiff’s litigation includes actions to reform legal descriptions; validate mortgages based on non-joinder of spouse or owner issues; adjudicate priorities between lien holders; void erroneously or fraudulently issued satisfactions of mortgage; rescission of foreclosure sales and adjudication of lender interests in the promissory note and mortgage.
Defense cases have included TILA and RESPA violations; standing issues;
mechanics lien foreclosures; quiet title actions; void mortgage and foreclosure claims; priority claims amongst lenders and fraud claims. The firm’s litigation team also specializes in litigation involving pro se parties.
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