PRACTICE AREAS

Collection / Loan Enforcement / Foreclosure

When a borrower, tenant, licensee, franchisee, or customer defaults, Brad Dempsey Law is prepared to deploy a broad array of collection and recovery options, aggressively pursue both primary obligors and guarantors, and rapidly respond to protect, preserve, and sell a client’s collateral. With a long track record of success in obtaining protective pre-judgment orders and foreclosing on a wide range of assets and collateral, Brad Dempsey Law regularly assist clients in executing the following creditor remedies:

  • Appointment of a Receiver

  • Public Trustee foreclosure of real property and Uniform Commercial Code foreclosure of personal property assets

  • Replevin

  • Eviction

  • Imposition of and foreclosure of Mechanic’s Liens

Representative Cases

Note: No prior result in a case guarantees a future result that is the same. Each case we handle is individual with different facts and therefore every case is different. We cannot guarantee any specific result in your case.

  • Obtained a 100% recovery for a regional bank following the default by a Wyoming borrower on a $5 million loan.

  • Obtained a 100% recovery with attorneys’ fees for a regional bank on a defaulted loan to a failed Colorado cancer treatment center following the borrower’s two Chapter 11 proceedings, the foreclosure of the borrower’s headquarters building, the UCC foreclosure of all high-tech medical equipment, and state court receivership and eviction proceedings.

  • Represented a regional bank in the recovery of a defaulted $11.5 million loan through the imposition of setoff remedies against investment accounts and the collection and forced liquidation of an art collection through a receivership proceeding.

  • Obtained full recovery for a regional bank following its oil industry borrower’s default on $15 million in credit facilities through setoff, recovery of trust funds in a complex divorce proceeding, defense of the bank's claims in a related Chapter 11 proceeding, and foreclosure of real property.

  • Represented a national bank in its recovery of a defaulted $40 million loan secured by a large Colorado retail mall by imposing a receiver over the 1.2 million square foot mall, arranging one of Colorado’s largest foreclosure sales for the mall, and closing the ultimate sale of the mall to a new owner before the foreclosure sale.

  • Obtained a full recovery for a regional bank on a defaulted multi-million-dollar line of credit secured by property in Aspen, Colorado, after initiating foreclosure proceedings against the property.

  • Represented a national bank in the successful recovery of a defaulted agriculture loan through the foreclosure of cattle and dairy farm equipment.