It is imperative that if a foreclosed property does revert back to the secured creditor that there is clear title so it may be sold to a third party. During the title search and examination phase of a foreclosure action, title issues which may affect the marketability or in some cases, the actual ability to foreclose are identified and proactively handled.
Sometimes these issues are easily resolved and can be accomplished while our office concurrently proceeds with the foreclosure action. However at other times, depending on the complexity of the title problem, this may require protracted litigation to be brought either directly by the secured creditor or their underlying title insurance underwriter. Our office has developed and maintains fantastic relationships with claims counsel for a number of the top underwriters in the country. We have handled these types of cases both independently for the underwriters and as co-counsel with their designated attorneys.