Real Estate Litigation
At Smith Debnam, we represent banks, credit unions, mortgage servicers, and other lending institutions to protect and enforce their rights as secured creditors. Our foreclosure team handles both commercial and consumer foreclosures and real property litigation throughout North Carolina and South Carolina.
We carefully manage every stage of the foreclosure process, from default to eviction, with a focus on accuracy, precision, and efficiency. Cases are handled by experienced attorneys, supported by an equally dedicated and knowledgeable staff.
Our foreclosure practice has an extensive background in handling defenses and counterclaims that may be raised in foreclosure litigation. We also protect our clients’ interest in the bankruptcy courts in all federal districts across North Carolina and South Carolina.
In addition to foreclosures, our attorneys handle a wide variety of real estate litigation, including title curative actions, reformations, quiet title actions, lien priority disputes, easement and right-of-way disputes, and the resolution of mobile home issues. We routinely work with title insurance companies to solve complicated title issues for insured property owners or lenders.
The increased regulatory burden is commonplace in today’s mortgage industry. At Smith Debnam, we understand the challenges faced by clients. Our attorneys are well versed in the various state and federal regulations impacting the mortgage industry. We collaboratively work with our clients to establish appropriate policies and procedures to assist with their understanding of and compliance with these regulations.
Foreclosure Services/Real Property Litigation Services
- Preparation of default/demand letters
- Housing Finance Agency/Home Loan Registration (NC)
- Title searches
- Title analysis and opinions
- Judicial and non-judicial foreclosures
- Assignments and lien releases
- Mobile home issues
- Prosecution and defense of title disputes and other property issues
- Title insurance claims
Loss Mitigation Services
- Deeds in lieu
- Forbearance agreements
- Loan modifications
- Short sales
- Court ordered mediations (SC)
- Deficiency suits