Our attorneys work to protect and preserve business property for the benefit of creditors
Since 1970, Carlisle Law has processed thousands of foreclosure cases in every county in the State of Ohio, along with attendant bankruptcy proceedings in the various federal courts. Carlisle Law offers the same services in Kentucky through seasoned Kentucky attorneys with similar long-standing practice presence in that state. We are intimately familiar with the oftentimes idiosyncratic procedures followed by the courts, and thus, focus on processing cases in the most expeditious manner consistent with law and legal procedures.
Our attorneys work to protect and preserve business assets for the benefit of creditors, including using pre-judgment remedies such as receiverships to preserve collateral pending resolution and using short sales and deed-in-lieu agreements to avoid lengthy foreclosure proceedings.
We also represent our clients in any contested litigation affecting the foreclosure such as:
- Responses to defense motions alleging failure of service or other defects in the foreclosure filings
- Defense of counterclaims
- Actions to correct title defects
- Eviction of former owners and tenants
- Stay relief and pursuing collateral in debtor bankruptcies
- Collection of deficiency balances
- Defense of Discovery
- Obtaining relief for our clients that have referred the case to us after a default judgment has already been taken against them
- Defense against motions to vacate our client’s judgments
- Attending pre-trial conferences and preparing pre-trial motions
- Winning trials if the case goes to trial
- Post-trial briefs and motions
- Appellate defense
Below are the typical actions that Carlisle Law takes to complete an uncontested or mildly contested foreclosure case on behalf of a client:
- Obtaining and thoroughly reviewing the Preliminary Judicial Report.
- Preparation and filing of the Foreclosure Complaint. We are accustomed to the various differences in loan documentation and are comfortable with cases involving due on sale violations, modification agreements, reverse mortgages, multiple properties and the like.
- Drafting the appropriate Affidavit needed to obtain judgment in a given case.
- Following the Court Docket regularly in order to ensure proper service of process on the defendants.
- Creating and sending advisory memorandums to our clients upon the occurrence of significant events or in the foreclosure process and monthly status memos on all cases. The monthly report is computer generated and can be tailored to each client’s needs.
- Preparing and filing Motions for Default Judgment, when necessary, and attending Default Hearings when required.
- Preparing and filing Motions for Summary Judgment when necessary, and attending Summary Judgment Hearings when required.
- Preparing and filing proposed Judgment Entries for Money and Foreclosure for use by the presiding judge.
- Ordering Sheriff’s Sale and monitoring the advertisement and notification process to ensure that a proper sale takes place and that the client is given every opportunity to place, through our office, an appropriate bid at sale.
- Preparing and filing proposed Confirmation and Distribution Entries for use by the presiding judge.
- Attending mediations at any stage of the case.
- Post-sale eviction and REO services.