Sussman

Foreclosures and Secured Transactions

Our Foreclosure and Secured Transactions practice encompasses many different types of secured transactions. Every case has the same core goal: to help our clients collect the money they are owed. 

We have expertise handling complex judicial and non-judicial foreclosures of trust deeds and mortgages in both the commercial and residential arenas. Our attorneys are also well trained in enforcing judgment liens, personal property liens (such as UCC/Article 9 liens and landlord liens), construction liens, liens for long-term care, attorney liens, and others.

Representative Experience

Security Interest Foreclosure
We represented a client in successfully obtaining a judgment of foreclosure on a security interest against four large construction trucks.  We assisted the client in locating collateral hidden by the debtor after obtaining a judgment and working with the sheriff's office to advertise and conduct foreclosure sales that netted our client over $100,000.00.

Commercial Landlord Lien 
We coordinated the successful assertion and foreclosure of a commercial landlord lien that precluded the tenant from removing valuable inventory, with the sale proceeds from the foreclosure sale being applied to the lease debt.

Trust Deed Judicial Foreclosure
We judicially foreclosed a contractor client's deed of trust against real property owned by a delinquent customer, and successfully defeated the customer's Consumer Protection Act claim against our client.  Our client obtained a judgment of foreclosure against the property and a delinquency judgment against the customer.  We assisted the client in obtaining the title to the property via the sheriff's sale.  

Trust Deed Non-Judicial Foreclosures
Prosecuted complex residential non-judicial foreclosures throughout Oregon on behalf of a multi-national lender. Many of these cases involved title issues, FDIC receiverships, real property description errors, and defending against junior lien holders claiming a superior right to lender's interest. 

Trust Deed Non-Judicial Foreclosure
Collected millions of dollars for secured creditor in a contentious non-judicial foreclosure of a commercial property.  Successfully helped secured creditor avoid fiduciary liability to members of the limited liability company who owned the property after initiating foreclosure, developed bid strategies to maximize recovery, and guided client through sale of the property after owner of the property filed Chapter 11 Bankruptcy. 

Lien for Long-Term Care and Judicial Liens
Expert on recovery of amounts owed to long-term care facilities in Oregon and Washington. Represent the two largest long-term care providers in Oregon and Washington. Have prosecuted numerous liens for long-term care and judicial liens which has led to the recovery of millions of dollars on behalf of long-term care facilities.

Construction Lien
We filed a construction lien against a large commercial project in Hillsboro, Oregon, to protect the supplier client's interests.  We worked with the property owner and the general contractor to verify the amounts owed to our client and to obtain full payment of the amount of our client's lien without having to file suit to foreclose the lien.

Foreclosure of Judgment Lien
We enforced our client's judgment lien against real property owned by her ex-husband.  We negotiated with the current owner of the property to obtain full payment of the amount owed to our client in exchange for an assignment of the judgment lien to the owner. 

Foreclosure of Judgment Lien
We filed suit and obtained a judgment for our investor client against the LLC that had issued partial, guarantied investment interests to our client and that held all of the investment interests.  We enforced the judgment lien against the investment interests held by the LLC by forcing a sheriff's sale of the investments.  Our client was the successful credit bidder at the sheriff's sale and obtained full ownership of the investments.


Return to Practice Area