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MORTGAGE BANKING & CREDITOR SERVICES PRACTICE AREAS |
Automobile Repossessions
We represent creditors and finance companies in automobile repossession cases throughout South Carolina. When automobiles are financed, creditors and finance companies hold a security interest in the automobile until the debtor makes the last payment on the loan. The rights of creditors and finance companies are established by the signed security agreement and applicable state law. We assist creditors and finance companies during the judicial process by obtaining the necessary order to repossess the automobile and by preserving their rights to a deficiency judgment after the sale of the automobile.
Contact Sam Waters, Cheryl Fisher, Reggie Corley, Jennifer Rubin or Ellie Floyd for more information
| Bankruptcy
Bankruptcy is an integral piece of the default-servicing suite. It is frequently the first attempt by a mortgagor to avoid foreclosure, or it is an interruption to more than 20% of our foreclosure lawsuits. For individual mortgagors who are unable to reinstate their defaulted loans through established loss mitigation programs, the Chapter 13 bankruptcy option offers a court-monitored repayment plan over as many as five years. We analyze Chapter 13 plans before filing our clients’ Proofs of Claims, and we object to deficient plans until they are feasible. We bring Motions for Relief when authorized by our clients, but only after verifying the accuracy of a debtor’s payments. We are adept at negotiating loss mitigation settlements within the bankruptcy context. In Chapter 7 liquidation cases, we push forward with Motions for Relief to expedite either the abandonment process or relief from the automatic stay. In Chapter 11 cases, we closely monitor the case for rightful access to cash collateral without waiting for the plan to be presented months after the initial debtor’s filing. And when appropriate, we intervene early to propose plan terms that protect our clients’ interests.
Contact Samuel Waters, Cheryl Fisher, Reggie Corley or Jennifer Rubin for more information
| Creditor/Lender Litigation
We can handle all contested cases including complex litigation through our on-site/in-house litigation department. We are skilled in Class Actions, FDCPA (Fair Debt Collection Practices Act), and RESPA (Real Estate Settlement Procedures Act). The Fair Debt Collection Practices Act and the Graham-Bliley-Leach Act are among many critical laws that govern foreclosure and collection practices. Add to that the myriad fnumber of regulations governing HUD, VA, Fannie Mae and Freddie Mac, and it becomes evident that keeping up with them all is a necessary and integral part of our service to our mortgage industry clients. We likewise follow state and federal case decisions for their impact on the way we conduct our legal work. Our clients appreciate our updates of new legislation or judicial interpretations of law appearing throughout the year. Should a claim ever arise on the basis of one of these laws or regulations, we are poised to mount a comprehensive defense.
Contact Sam Waters, Cheryl Fisher, Reggie Corley, Jennifer Rubin, John Hearn, or Bob Thomas for more information
| Evictions
Evictions and property clearance problems are a normal part of representing our clients every day. We start more than 60 new cases each month and still complete the necessary notifications, cash-for-keys contracts, court hearings and lockouts within an average of 45 days. It takes patience and perseverance to manage all of the parties that get involved: judges, process servers, property preservation agents, REO agents, sheriffs, those persons being evicted and their agents or attorneys. And it’s no small task to coordinate the contracts and steps required for each cash-for-keys transaction.
Contact Sam Waters for more information
| Financial Litigation
RTT’s Default Services and Litigation attorneys handle complex financial litigation every day. Your business is not just another file to us; your business is our business. And because your business is our business, we keep you involved every step of the way, so that our legal actions protect your bottom line.
Contact Samuel Waters, Jennifer Rubin, Cheryl Fisher, Reggie Corley, Bob Wood, John Hearn or Roy Shelley for more information
| Foreclosure
South Carolina’s judicial foreclosure laws require precision and understanding. With more than seventy-five years of combined foreclosure experience, RTT attorneys possess the experience clients expect. We understand that time is of the essence in foreclosing these interest-bearing loans, so as to minimize the losses to our clients. Combining the requisite experience with well thought out timeline management has enabled RTT to consistently beat the Fannie Mae standard timeline of 180 days by more than forty days. That’s a significant savings to our clients’ bottom lines. And we can accomplish that benefit by aggressively pursuing each case in the Equity Courts of the state.
Contact Samuel Waters, Cheryl Fisher, Reggie Corley, Jennifer Rubin, Ellie Floyd or Michael Morris for more information
| Lender Litigation
Our lawyers encounter scores of alleged violations of consumer-protection statutes annually. Sometimes our clients’ exposure is small; sometimes it is massive—but every time, RTT attorneys craft appropriate and cost-effective defenses. Each year, we effectively and efficiently respond to allegations ranging from simple payment disputes to complex claims of violations of the Fair Debt Collections Practices Act, the Real Estate Settlement Procedures Act and a myriad of other consumer claims.
Contact John Hearn or Bob Wood for more information
| Loss Mitigation
We handle loss mitigation programs based on individual client programs. We have a team of paralegals trained to tailor individual loss mitigation programs.
Contact Samuel Waters, Cheryl Fisher, Reggie Corley, Jennifer Rubin, Ellie Floyd or Michael Morris for more information
| Mobile Home De-titling
In addition to and supplementing our mortgage default services, we handle mobile home de-titling separately or in conjunction with land foreclosure.
Contact Sam Waters, Cheryl Fisher, Reggie Corley, Jennifer Rubin or Michael Morris for more information
| Mobile Home Repossession
We represent lenders and creditors in mobile home repossession cases throughout South Carolina. When a mobile home is financed, a lender or creditor holds a security interest in the mobile home on the face of the certificate of title until the debtor makes the last payment on the loan. The rights of lenders and creditors are established by the signed security agreement, the lien notated on the certificate of title, and applicable state law. We work to assist lenders and creditors during the judicial process to obtain the necessary order to recover the mobile home and preserve their rights to a deficiency judgment after the sale of the mobile home.
Contact Sam Waters, Cheryl Fisher, Reggie Corley or Jennifer Rubin for more information
| REO (Real Estate Owned) Properties
RTT represents both sellers and buyers of REO properties in all 46 South Carolina counties. We are skilled at title resolution and understand the urgency of closing on the sale of the asset as quickly as possible for both sides to the transaction. We also post foreclosure sales.
Contact Samuel Waters, Cynthia Blair, Cheryl Fisher, Reggie Corley, Jennifer Rubin, Ellie Floyd, Michael Morris or Lisa Hostetler for more information
| Subprime Mortgage Litigation
The disintegration of the subprime mortgage market presents serious challenges—and serious litigation—for subprime lenders and their investors. RTT helps clients affected by the subprime meltdown. Lawyers from our litigation, default services, real estate and title services departments collaborate to consult, advise and assist our clients in addressing a variety of subprime litigation issues. The depth of our litigation practice allows us the flexibility that is so crucial to the prompt and efficient handling of subprime disputes.
Contact John Hearn, Bob Wood, Paul Platte, Roy Shelley or Bryan Barnes for more information
| Tax Sale Litigation
Each of our state’s 46 counties assesses and collects annual taxes on the value of thousands of individual parcels of real property, and on valuable personal property, such as manufactured homes. When those taxes are not paid, those counties then sell the property for the taxes owed, sometimes impairing our clients’ interests in the property sold. RTT lawyers, acting quickly, use their skills and experience to restore our clients’ property interest...and their peace of mind.
Contact John Hearn for more information
| Timeshare Foreclosure
When homeowners’ and condominium associations experience difficulty collecting dues and assessments owed to them by owners of the timeshare interests, RTT can step in to assist in getting things back on track. South Carolina law provides a relatively expeditious process for the foreclosure of timeshare interests. Our Default Services Department is experienced in recovering the debts owed to the associations or, if necessary, getting the units back to the associations with or without a foreclosure, depending upon the circumstances.
Contact Sam Waters, Cheryl Fisher, Reggie Corley or Jennifer Rubin for more information
| Title Insurance Claims
There is a myriad of complex legal issues and title defects that can arise in the context of real property transactions such as missing easements, lien disputes and forgery allegations. RTT lawyers have experience, from something as small as an incomplete legal description, to something as large as the sudden appearance of a host of unexpected heirs. Our attorneys, with the help of our highly experienced title services personnel, diligently identify, isolate and work to cure such title defects on behalf of lenders and title insurers alike. Often we are able to work together with the title companies to offer both common and novel curative solutions that can be included within the foreclosure action itself-saving you time and money. We also recognize that occasionally our clients will not be protected by the benefits of a title insurance policy or that our clients desire to secure marketable and not simply insurable title following the completion of a foreclosure action. In those situations, we work with our clients to evaluate their needs and provide them with suitable options.
Contact John Hearn, Michael Graham, Bob Wood, Bob Thomas, Jennifer Rubin or Harriet Wallace for more information
| Title Resolution
RTT is proud of its innovative and time-tested title-resolution abilities. Whether it is obtaining title to a mobile home that was never properly titled or obtaining an order or lien release satisfying a prior lien or mortgage, our team of attorneys and paralegals work diligently, efficiently and cost effectively to clear impediments to title. We can handle all title issues, including tax sales, title resolution litigation and title insurance claims.
Contact Samuel Waters, Cheryl Fisher, Reggie Corley, Jennifer Rubin, Ellie Floyd, Michael Morris or Harriet Wallace for more information
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