Foreclosure and Replevin

Stark & Stark’s bankruptcy creditor attorneys represents secured lenders, lessors, and other financial institutions in the recovery of real and personal property throughout New Jersey and Pennsylvania. We handle mortgage foreclosures affecting commercial and residential property.

We regularly handle actions seeking to recover all types of personal property, including equipment, inventory, business assets, and motor vehicles. Our client base includes national and regional banks and finance companies as well as local community banks. We obtain prompt relief for our clients at a reasonable cost.

Foreclosure Process & Laws

Stark & Stark handles all aspects of the mortgage foreclosure process, from the issuance of any required notices through the entry of a foreclosure judgment and the scheduling of a sheriff’s sale and the subsequent sale of the mortgaged property. We are knowledgeable as to the requirements and procedures for foreclosures in New Jersey and Pennsylvania. We are registered with the New Jersey Superior Court to file foreclosure pleadings electronically so that the process will proceed expeditiously. For income producing properties, we will seek the appointment of a receiver to collect the rents, manage the property, and possibly to sell the property prior to completion of the foreclosure process. We have substantial experience with the foreclosure process and will promptly and efficiently move a case toward the entry of a foreclosure judgment and the scheduling of a sheriff’s sale. We have the expertise to deal with any issues which may arise during the process, such as title issues, bankruptcy issues, and landlord-tenant issues. We assist clients with buying and selling mortgage loans and foreclosure judgments. We maintain relationships with title companies, property managers, and real estate agents to assist with the foreclosure and sale process.

In addition to representing mortgagees in foreclosing mortgages as to real property, Stark & Stark represents secured lenders and lessors to recover all types of personal property which may be collateral for a loan or subject to a lease. Stark & Stark will obtain an order for possession (NJ) or a writ of seizure (PA) as to all types of personal property, including equipment, inventory, business assets, and vehicles, and will seek to have the order or writ promptly enforced. We understand that the prompt recovery and liquidation of collateral is often the primary source of recovery for a defaulted loan or lease. We employ all available procedures to levy on and recover assets to satisfy judgments. We maintain relationships with collection agencies and auctioneers to assist with the recovery and sale process. The firm belongs to the Equipment Leasing and Finance Association (ELFA) and regularly attends its attorney forum.