In this highly complex mortgage default environment, KMK sets itself apart through our dedication to our clients and our commitment to their needs. KMK attorneys consistently achieve unmatched results on behalf of lenders, servicers, investors, property management companies, and others through their experience, understanding of the law, and access to cutting-edge technology. We regularly advise clients in the following mortgage-related areas
- Lien Monitoring
- Loss Mitigation
- Real Estate Liquidation
- Real Estate Owned (REO) Services
- Sheriff Sales
KMK delivers the high-quality service you expect and ensures that our exceptional service continues throughout our representation. Our systems are designed to flag mandatory timelines and nuances in the judicial system, such as local rules and changes of personnel, as well as identifying common impediments to foreclosure and bankruptcy proceedings. Most importantly, our case management system is regularly reviewed and evaluated to determine new opportunities for technological and business process enhancement, ensuring you get the best possible mortgage default services available anywhere. Contact us to find out what makes KMK better.
As a landlord, you hope you never have to evict a tenant. Unfortunately, there are situations where eviction is the only remaining course of action. At KMK, our intent is always to achieve a voluntary vacation of a premises. However, when a lock-out is necessary, we coordinate all legal aspects of the entire process to remove owners or tenants in a safe, cost-effective, and time-sensitive manner. Our eviction services include:
- Writs of Assistance;
- “Cash 4 Keys” (upon client approval); and
- Coordination with the local Sheriff’s Department, moving companies, and our clients’ representatives.
In foreclosure actions, our objective is to deliver high-quality services that are cost-effective, professional, and judicially efficient. We lean on our years of experience to ensure that all actions on mortgages or land contracts are filed correctly the first time. During the course of a legal proceeding, we conduct the necessary research to ensure our clients obtain the maximum judgment, along with the shortest period of time for a judicial sale. Unlike most foreclosure providers, we not only have attorneys dedicated to the practice of foreclosure law, but also attorneys with long-established practices in bankruptcy, real estate, and collections law. As a result, we are able to provide our clients with cradle-to-grave services that routinely meet mandatory timelines with minimum costs. In the event a matter becomes contested or appealed, our attorneys utilize strategies and tactics designed to quickly resolve the issues in our client’s favor. We also take the time to explain the legal process to our clients and immediately answer their inquiries. Our experience and courtroom aptitude have increased our representation with judges, which KMK leverages into the best representation for our clients. We manage our caseload while consistently delivering a quality work product. Our integrated file methodology and workflow management systems help us identify potential issues early (for example, title problems or probate issues) so that they do not adversely impact the foreclosure process. When communicating with borrowers, we adhere strictly to both state and federal consumer laws, including the Fair Debt Collection Practices Act. Our foreclosure litigation complies with Wisconsin statutes and local rules and ordinances to efficiently advance the interests and rights of our clients.
Our Lien Monitoring services involve representing the junior mortgage loan holder in monitoring the status of a senior mortgage foreclosure on the same real property. Our service includes obtaining senior payoff figures prior to the Sheriff’s Sale and assisting in evaluating the equity of the specified real property. If equity exists, we assist our clients to determine whether bidding at the Sheriff’s Sale would be in their best interests. Our services include bidding on the property, monitoring the confirmation of sale, submitting certified funds to the Clerk of Courts, and recording the Sheriff’s Deed conveying the property to the successful purchaser. We will also intervene in the foreclosure action, if necessary, to protect our clients’ bid and interests. Our ultimate goal is to provide the same service and quality that we provide in our cradle-to-grave foreclosure services.
The optimal form of a particularly successful loss mitigation workout is highly dependent on the circumstances of both the borrower and the lender. Initial questions should typically include whether the problem is short- or long-term in nature, caused by an inability to clear arrears fast enough to prevent foreclosure, and whether there are means available to the borrower to resolve the foreclosure after suit has been filed. Some options to consider are reinstatement, forbearance, repayment plans, mortgage modification, short refinances, claim advances, reverse mortgages, assumptions, sales, short-sales, deeds in lieu. Contact us to walk you through the available options and considerations and to find the path that maximizes your return.
Real Estate Liquidation
When a homeowner is unable to meet the obligations of their home mortgage loan and becomes delinquent in payments, the bank has the right to take the property back from the borrower. Once the foreclosure process is complete and the homeowner has removed their belongings and vacated the property, the bank may then sell the home to regain its capital funding. That's real estate liquidation. In such matters, KMK delivers high quality representation that is cost-effective, professional, and judicially efficient. When communicating with borrowers, we adhere strictly to both state and federal consumer laws, including the Fair Debt Collection Practices Act. Our foreclosure liquidation complies with Wisconsin statutes and the local rules and ordinances to efficiently advance the interests and rights of our clients. Unlike most law firms, we not only have attorneys dedicated to the practice of foreclosure law, but also have attorneys with long-established practices in bankruptcy, real estate, and collections law. Our diversified and experienced attorneys are excellent resources for negotiating real estate liquidations and obtaining court approval of the sale.
Real Estate Owned Services
KMK provides a one-stop resource for our clients’ Real Estate Owned (“REO”) post-foreclosure sales needs, in addition to our cradle-to-grave foreclosure services. As such, we are well-suited to facilitate the entire REO process, from the time a property receives REO status to the final delivery of proceeds to our clients’ accounts. Because we know that every day increases our clients’ carrying costs, our procedures are designed to establish a clear title before the client signs the contract of sale, enabling us to secure closing at the earliest possible date. Our lawyers and paralegals proactively monitor the process from the beginning, identifying and resolving issues before they cause delay. We continually drive the process forward until the moment we remit the sales proceeds. Our focus is always on minimizing your turnaround time and, with it, your carrying costs. Plus, our reporting mechanisms ensure that you are constantly informed of progress throughout the REO process.
KMK regularly assists our clients in arranging or participating in sheriff sales. The requirements of such sales are strict and close adherence is required. If you are considering selling secured property at a sheriff sale, or bidding on property sold at such a sale, contact KMK to help advise you through the process.
Loan/Lease Restructuring, Workouts & Enforcement Sub-Practice Areas
Samuel C. Wisotzkey - Department Chair
Matthew P. Gerdisch
Melinda A. Bialzik
Eric R. von Helms
Zach S. Whitney
Alexander E. George