Default Servicing

The experienced attorneys and paraprofessionals of Burch & Cracchiolo represent banks, mortgage lenders, creditors, and national mortgage default servicing companies as they maneuver Arizona’s foreclosure process. We handle both residential and commercial property foreclosures throughout the state of Arizona with timely and efficient services through committed and knowledgeable counsel supported by the latest technology that not only ensures efficiency of processing, but also allows clients access to files in real time. Our clients benefit from our careful and ethical processing of defaulted loans to resolution, whether that be in the form of a deed in lieu, forbearance agreement, loan modification, waiver of deficiency with an agreed judgment or a foreclosure sale.

Our firm is unique in the longevity of our team members, allowing us to provide consistent coverage, a valuable commodity in an area of law where time is truly money. We are immediately available to respond to calls and emails, consistently update timeline tasks, provide continual on-site training sessions and keep clients abreast of recent issues and trends of importance in the industry. This attention to client needs is critical to our loss mitigation focus which benefits our clients by providing the most effective disposition of non-performing assets.

With our experience in the title insurance industry and representation of many of the largest title insurance companies in Arizona, we have developed a comprehensive network of title insurance underwriters who help us complete the title process on our clients’ properties in the most efficient manner.

Burch & Cracchiolo attorneys have extensive experience assisting and counseling default servicing clients in the following areas:

Collections

At Burch & Cracchiolo, we support our clients with collections of bad accounts, replevin, receivership and garnishment actions and executions. Our attorneys are experienced with collections matters of all types, avoiding litigation when possible and pursuing vigorous collection in the courts when necessary.

Professionals Practicing in Collections

Bankruptcy & Creditors’ Rights Litigation

Our team of bankruptcy litigators provides the unique combination of specialized knowledge of the bankruptcy process with experience in complex multi-party litigation disputes. We draw on our knowledge and depth of experience in banking regulation, tax and business law to provide the full set of skills required to meet our clients' demands.

Burch & Cracchiolo attorneys represent secured and unsecured lenders and lender groups, as well as landlords, trade creditors and bondholders, in the full range of litigation matters that start or end up in bankruptcy court or which arise out of insolvency issues.
We routinely practice in federal bankruptcy and district courts and have a strong track record in appeals before the district and appellate courts.

Professionals Practicing in Bankruptcy & Creditors’ Rights Litigation

Default Litigation

We routinely practice in federal bankruptcy and district courts and have a strong track record in appeals before the district and appellate courts.

Professionals Practicing in Default Litigation

Eviction

In cases in which foreclosure occurs and former owners continue to occupy the home after the sale is complete, Burch & Cracchiolo attorneys assist clients in legal and ethical eviction of former owners.

Professionals Practicing in Eviction

Foreclosure

Burch & Cracchiolo attorneys are experienced in Arizona’s non-judicial foreclosure process as well as judicial proceedings, when warranted. We assist our clients maneuver the foreclosure process in the most ethical, efficient and effective manner possible.

Professionals Practicing in Foreclosure

Lender Liability Matters

The default servicing arena is further complicated by the many regulations that have arisen to protect consumers. Our attorneys stay current with developments in these regulations and related cases and regularly provide counsel and defense to our clients. The regulations involved include:

Fair Credit Reporting Act Claims
Fair Debt Collection Practices Act litigation
Real estate Settlement Procedures Act (RESPA) claims
Unfair Business Practices claims

Professionals Practicing in Lender Liability Matters

Loss Mitigation

Burch & Cracchiolo's default serving attorneys, with assistance from our real estate and bankruptcy attorneys who specialize in creditors' rights, bankruptcy and reorganization, have worked with numerous institutions on the full spectrum of loan modifications, assumptions, workouts and restructuring of loans, receiverships and bankruptcies.

Professionals Practicing in Loss Mitigation

Real Estate Owned (REO) properties

Our attorneys provide professional and sophisticated real estate advice and counsel to lenders and servicers with REO properties throughout Arizona. We analyze and obtain clear title of foreclosed properties which affords protection to lenders in the sale of REO properties, address and resolve state specific issues, and generally assist with a smooth and orderly settlement transaction. We can also assist with REO litigation, including REO evictions.

Professionals Practicing in Real Estate Owned (REO) properties