All of our attorneys have extensive experience in mortgage lending and servicing litigation. We keep ourselves on the cutting edge of the latest legal developments. Our understanding of the many discrete facets of the mortgage lending industry greatly improves both the quality and efficiency of our services.
We pride ourselves in our ability to formulate winning litigation strategies quickly, and in our ability to implement those strategies effectively.
Noonan & Lieberman represents lenders, servicers and real estate investors in Illinois and throughout the Midwest in their collection and related litigation matters. Our attorneys have a wealth of experience in the myriad types of legal issues facing our industry today. Our attorneys have decades of collective experience in general commercial and residential mortgage litigation.
We stay abreast of all current developments and trends in the law to help clients develop strategies to minimize their exposure to litigation and are sensitive to and experienced in neutralizing negative publicity associated with consumer litigation. Noonan & Lieberman has a particular appreciation of the nuances of the Illinois Mortgage Foreclosure Law, having authored the chapters in our state’s continuing education program on Overview of the Illinois Mortgage Foreclosure Law and the Residential Real Estate Mortgage Foreclosure: Plaintiff-Lender’s Case. Members of the firm regularly lecture the bench and bar on navigating Illinois’ complex foreclosure law.
At our size, we are able to provide quick and personalized service and can exercise the nimbleness and control that larger firms find difficult to manage. We take pride in seeking the most expeditious and efficient resolution of all matters referred to the firm. Our ability to formulate winning litigation strategies quickly and our skill in implementing them mark us a leader in real estate litigation.
Commercial Mortgage Litigation and Foreclosure
Commercial foreclosures and collection require a firm with a specialized understanding of Illinois foreclosure law, as well as experience with the types of complicated legal issues that these cases typically pose. Noonan & Lieberman’s attorneys possess this understanding and experience. The firm represents many national and local lenders in this area. We possess the skill to manage complex foreclosures involving condominium projects, office buildings, apartment complexes, farmland, strip malls, and industrial buildings. Our attorneys have navigated its clients through complex cases involving receivers and mortgagees in possession. The firm regularly handles closely related matters involving tenants and leases, assignment of rents, enforcing UCC liens on business property and equipment, and pursuing claims on guaranties. Noonan & Lieberman also navigates its commercial creditor clients through the shifting terrain of modern bankruptcy, insolvency, and recovery law. We defend our commercial clients in bankruptcy preference, fraudulent transfer, and other defensive litigation claims.
We believe it is important that each commercial foreclosure have the proper strategy defined before litigation is started. While we strive to obtain judgment and possession for our clients as swiftly as possible, we always look for ways to facilitate an expeditious and economical solution as well. We specialize in effectively pursuing our clients’ rights and remedies in both litigation and out-of-court workouts. We are results-driven, creative, and ready to advise clients in all aspects of bankruptcy and non-bankruptcy liquidation, financial restructuring, and reorganization. We routinely counsel financial institutions and other creditors on how to protect their collateral and realize the maximum return on administrative and unsecured claims.
Residential Mortgage Litigation
Noonan & Lieberman also represents banks and mortgage loan servicers in residential foreclosure and evictions. We have a broad range of loss mitigation and default servicing experience. This includes filing and prosecuting foreclosure actions, monitoring senior lien positions, and bidding on behalf of our clients at the sale to protect junior liens. We assist our clients in its loss mitigation efforts including documenting and recording deeds in lieu of foreclosure and preparing and monitoring loan forbearance and modification agreements. We guide our clients through the post closing eviction process and we are with our clients at the closing table for their REO sales.
Noonan & Lieberman’s foreclosure department is highly automated allowing it to efficiently and economically process a high volume of residential mortgage foreclosures, bankruptcy and evictions. We leverage technology to allow our staff to process foreclosure sales on a virtually automated basis and with protective calendaring safeguards in place. The firm subscribes to the main billing and client reporting systems used in the industry. This allows our clients to quickly obtain current status updates on their foreclosure referrals to the firm. The firm continuously upgrades its computer security system to assure the privacy and safety of our clients data and their customer’s personal information.
Contested and Complex Mortgage Litigation
In addition to providing legal representation on residential and commercial foreclosure matters, Noonan & Lieberman is also an experienced litigation and trial firm. Our practice encompasses trial and appellate representation before federal and state courts and involves all variants of remedial actions, including class actions, injunction and declaratory judgment suits, title claims and priority disputes, and arbitrations and mediations. Some of the services we provide, and have provided for our residential mortgage servicing clients include defensive suits brought under various federal and state laws affecting the consumer financial services industry. We counsel and defend clients on matters involving the Truth-in-Lending Act, the Fair Housing Act, the Fair Credit Reporting Act, (along with state credit reporting acts), the Equal Credit Opportunity Act; the Home Mortgage Disclosure Act as well as Illinois consumer and commercial lending claims arising under the High Risk Loan Act, the Illinois Consumer Fraud and Deceptive Practices Act, the Home Repair Fraud Act, the Interest Act, the Credit Agreements Act and the Property Tax Code (pertaining to the assessment and sale of real estate taxes and tax deeds).
Municipal Law – Code Enforcement, Zoning, and Land Use
As issues of vacant buildings and walk-away owners receive increasing publicity, real estate investors need a firm to defend their interests before the administrative and judicial tribunals in building code enforcement actions. We actively monitor new state and local legislation, such as the recent rules on building registration requirements. We maintain a close working relationship with the municipalities enabling us to effectively negotiate existing liens and judgments. We regularly advise our clients on compliance with the various statutes, ordinances and development agreements involving zoning and land use restrictions.
Commercial Real Estate Transactions
We have decades of experience in providing transactional services for national and local real estate management companies and developers in commercial real estate developments, finance acquisitions, dispositions, and leasing. Our attorneys take proactive approach to transactional work and combine their extensive litigation experience to help our clients build successful contractual relationships.