Smith Robinson represents national, regional, and community lenders and loan servicers in the foreclosure of residential and commercial real estate mortgages throughout South Carolina. Our foreclosure team handles all aspects of foreclosure – from pre-foreclosure notices to curative title resolution to post-sale eviction and REO support.

With Smith Robinson, you’ll work with a firm that is acutely aware of the need for timeliness, accuracy, and oversight that is crucial to the default servicing industry. We routinely handle FHA, FmHA, VA, USDA, FNMA (“Fannie Mae”), FHLMC (“Freddie Mac”), GNMA (“Ginnie Mae”) and SBA loans, and we’ve developed processes and policies to ensure the firm is equipped to meet the diverse requirements of each.

We also realize that loss mitigation often achieves the best result for our client, as loan workouts can present an opportunity to minimize legal costs while maximizing recoveries. We pride ourselves on working closely with client and borrower to achieve alternatives to foreclosure where viable. Whether it’s retention options such as reinstatement, loan modification, loan renewal, or forbearance, or it’s liquidation options such as short sale or deed in lieu, our foreclosure team takes special care to be responsive to both client and borrower to ensure that loss mitigation opportunities are not missed.

Smith Robinson takes an aggressive and proactive approach to protecting the rights of our creditor clients in bankruptcy proceedings filed under Chapters 7, 11, 12 and 13 of the U.S. Bankruptcy Code. Our bankruptcy team carefully analyzes the debtor’s filing for compliance with the Bankruptcy Code and will quickly identify all deadlines pertinent to protecting our client’s rights.

We are prepared to handle the most sophisticated issues arising in the bankruptcy arena, and we leverage our knowledge and experience to provide legal services relating to all aspects bankruptcy matters, including:

• Cash Collateral Issues
• Fraudulent Asset Transfers
• Involuntary Bankruptcy
• Lien Avoidance
• Plan Objection
• Proof of Claim
• Reaffirmations
• Relief from Stay

We take a tailored approach to collecting debts owed to our clients, and we customize collection solutions that maintain integrity while achieving bottom-line driven results.

Your situation dealing with a delinquent debtor is unique, so we work closely with you to develop the appropriate collection protocol to meet your needs. Our collection team has years of experience collecting debt in a wide range of industries, and we’re attuned to the challenges each industry poses.

You’ll find comfort knowing that our staff is trained and routinely updated on federal and state collection and consumer protection laws, including the Fair Debt Collection Practices Act (FDCPA), Telephone Consumer Protection Act (TCPA), and Dodd-Frank’s Unfair, Deceptive, or Abusive Acts and Practices UDAAP).

Some areas of debt that we regularly collect are:

• Auto Deficiencies
• Commercial
• Credit Card
• Equipment Loans & Leases
• Government
• Mechanic’s Lien

Smith Robinson represents banks, credit unions, equipment lessors and other lending institutions in collateral recovery, and we have extensive experience recovering collateral through repossession and replevin. Through our in-depth knowledge of the Uniform Commercial Code and South Carolina collateral recovery laws, we have developed strategies that lenders can use to enforce their security interests and the return of secured collateral. Smith Robinson attorneys have recovered a wide range of secured collateral for our creditor clients, including:

• Airplanes
• Automobiles
• Boats, Motors, & Trailers
• Campers/Recreation Vehicles
• Farm Equipment
• Fixtures
• Heavy Equipment
• Immediate Seizure
• Inventory
• Mobile Homes
• Receivables
• Tractor Trailers
• Yachts

That’s our motto to enforcing judgments. At Smith Robinson we know that the work is far from over when a judgment is secured. The judgment is a piece of paper that means you won your case, but it doesn’t equate to recovery in hand. Our collection team persists on your behalf in exploring every avenue to collect from the debtor.

Whether we obtained the judgment for you or you’re looking for a new firm to help domesticate or enforce a judgment in South Carolina, we’re here to help. Our collection team has years of experience in enforcing judgments, and we’re adept at handling:

• Asset Searches
• Charging Orders
• Debtor exams
• Domestication of Foreign Judgments
• Fraudulent conveyance challenges
• Judgment lien foreclosure
• Payment Plans
• Receiverships

Smith Robinson attorneys provide a smooth and seamless transition from foreclosure sale to eviction of the occupants remaining in the property. We’ll work closely with your REO department, property preservation vendor, and realtors to ensure that the new asset can be cleared for resale. From ensuring the requisite notices are sent to obtaining the Writ to coordinating lockout with the Sheriff’s department, Smith Robinson handles all aspects of the eviction process.

We also provide quality counsel to lenders and servicers in the management and sale of real estate owned (REO) properties, including title curative services. Smith Robinson will support your REO department as the asset is transitioned and sold.

Have a Land Installment Contract or Lease with Purchase Option? Smith Robinson can help with that too. Our firm routinely represents property investors with delinquent tenants, to either get the tenant back on track or cancel the contract through judicial proceedings. South Carolina law has very particular legal requirements for handling defaults under these types of contracts. We’re glad to help you navigate through this process to avoid issues down the road.

Here are just a few of our regular eviction services:

• Attending eviction hearings
• Coordinating cash for keys offers
• Coordinating relocation assistance
• Lease Review for Tenant Occupied Properties
• Lockout Coordination
• Obtaining writs of assistance
• Personal Property evictions
• Post-Foreclosure Rent Collection
• Post-Foreclosure Rent Demands
• Preparing notice to vacate letters with PTFA notices
• Property Occupancy status review
• PTFA Compliance
• SCRA / Bankruptcy compliance checks