Creditor Rights

Creditor rights is an expansive area that can involve a myriad of aspects, from drafting debt agreements to litigating a breach of contract, foreclosure, or eviction action, to post-judgment collection proceedings. At Cohen Dovitz Makowka, we do not treat the enforcement of a creditor’s rights as something that can be accomplished in an assembly line fashion. Our Firm distinguishes itself from our competitors by providing attorney involvement and control throughout all aspects of the representation, while larger firms often leave such tasks to non-attorney personnel.

Solutions To Protect Your Rights And Resolve Your Disputes

Whether you are owed money as a mortgage lender, landlord, small business, or in any other capacity, from initial referral through post-judgment collections, Cohen Dovitz Makowka takes an aggressive approach to move cases through the legal process. Utilizing our decades of experience representing mortgage lenders, secured and non-secured creditors, small businesses and landlords in foreclosure, breach of contract, bankruptcy, and eviction actions, the litigation and collection strategies employed by Cohen Dovitz Makowka result in aggressive and thorough representation while safeguarding against non-compliance with applicable statutes, regulations, and client requirements in an ever-changing collection landscape. Our Firm differentiates itself from other larger firms through the direct involvement of our attorneys in all aspects of the case which allows our clients to proceed without the setbacks other lenders and law firms have faced as a result of such assembly-line practices as “robo-signing.”

Foreclosures And Suits On Notes

Having been deeply involved in mortgage foreclosures and default servicing since the beginning of their legal careers, the partners of Cohen Dovitz Makowka have a keen understanding of the significance and need for lenders to swiftly eliminate non-performing assets from their portfolios. Our Firm takes a proactive approach in working with our clients to communicate and resolve any impediments to the foreclosure or litigation in the most expeditious manner possible. We routinely work with our clients to establish and implement non-litigation alternatives such as forbearance and/or loan modification agreements, court-imposed mediation, deeds in lieu of foreclosure, consent foreclosures, short sales, and other settlement agreements. Our familiarity in the areas of both litigious and non-litigious processes coupled with our technology-driven streamlined processes allow us to effectively move matters to resolution in the most timely and cost-effective manner possible for our clients.

Services You Will Receive As A Client Of Our Firm

Whatever the circumstances are in which you are a creditor, our attorneys can provide creditors with experience, insight, and legal guidance to perform the following services:

  • Draft loan documents including mortgages, assignments of rent, notes, loan agreements, and related documents;
  • Issue demand letters and other notices of default;
  • File and handle all aspects of foreclosure cases, suit on note cases, breach of contract cases, and eviction cases;
  • File and handle all aspects of post-judgment collections including direct and third-party citations to discover assets, wage deductions, garnishments, issuance and recording of memorandums of judgment, levy sale and judgment lien foreclosures;
  • Protect your rights as a creditor during a debtor’s Chapter 7 or Chapter 13 bankruptcy proceeding;
  • Handle all aspects of asset sales including REO sales and bulk sales;
  • Protect your rights as a creditor in corresponding administrative or municipal hearings such as building court or other code enforcement actions; and
  • Protect you from liabilities that may arise before, during, or after your collection matter.

With the experienced attorneys of Cohen Dovitz Makowka representing you throughout the collection process you can rest assured that any potential issues that may arise will be handled with skill and expediency. Please contact us about how having representation from our Firm to enforce your rights as a creditor will benefit you now and in the future.


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