Jump To Navigation

Firm Overview

Defending Mortgagees Against Lien Stripping in Adversary Proceedings

The Schaller Law Firm is an aggressive litigation-minded firm that prides itself on aggressively defending mortgagees to protect their mortgage investments from lien stripping attacks in bankruptcy cases. Attorney Schaller has over 24 years of legal experience and has represented both creditors and debtors in bankruptcy. In fact, Robert Schaller has litigated almost 2,000 bankruptcy cases.

The Schaller Law Firm believes each lien stripping lawsuit is a serious attack upon a mortgagee’s full mortgage investment in that particular piece of property. As such, the Firm aggressively defends mortgagees to ensure mortgagees have the best opportunity to save their mortgage investments and collect future mortgage payments on performing loans and collect future foreclosure-sale proceeds on non-performing loans.

The failure to defend aggressively could result in mortgagees losing their entire investment in properties whose liens were stripped. The underlying bankruptcy case would discharge the debtor’s obligation to pay future mortgage obligations and terminate the lien protection formerly enjoyed by mortgagee. In short, the mortgagee could lose everything.


LIEN STRIPPING IS A LAW SUIT
(Mortgagees are being attacked!)

A litigation-minded approach is essential to a strong defense. Mortgagees must change their mindset to recognize that they are parties to lawsuits and now need to protect themselves and their assets. A lien stripping action is not time to engage "high volume" attorneys who utilize boiler-plate motions to lift the automatic stay. Instead, the litigation mentality must be employed to defeat the lien stripping lawsuit and preserve mortgagees’ mortgage investments.

A failed motion to lift stay can be corrected with little loss to mortgagees. But a failed defense of a lien stripping lawsuit could cause mortgagees to lose in excess of $100,000.

In short, the Schaller Law Firm believes mortgagees should continue to engage "high volume" attorneys to file motions to lift stay, but should engage aggressive litigation-minded attorneys to defend against lien stripping bankruptcy lawsuits.

The Schaller Law Firm is an aggressive litigation-minded firm. You are encouraged to contact attorney Robert Schaller to discuss lien stripping in more detail.

Contact Us

Discuss Lien Stripping Defenses with an Experienced Bankruptcy Lawyer

I am attorney Robert Schaller and have been practicing law for over 24 years. I have represented clients in almost 2,000 bankruptcy cases. I am eager to represent you in your next lien stripping case.

Please contact me to schedule a conference by calling 630-655-1233 or submitting the contact form below.

Contact Information:
First Name *
Last Name *
Email *
Phone # *
Street Address 1 *
City *
State *
Zip Code *
County *
Name of Mortgagee & Questions *

Note, by clicking above you are granting permission and authorizing the Schaller Law Firm to contact you directly. Please note that no attorney-client relationship shall exist until an engagement letter is signed by both the mortgagee and the Schaller Law Firm.




Meeting Locations:

Oak Brook
Oak Brook Pointe
700 Commerce Drive
Suite 500
Oak Brook, IL 60523
Chicago Loop
1 South Dearborn Street
21st Floor
Chicago, IL 60603
Warrenville
4320 Winfield Road
Cornerstone @ Cantera
Suite 200
Warrenville, IL 60555
Schaumburg
1450 East American Ln
Zurich Towers
Suite 1400
Schaumburg, IL 60173
St. Charles
100 Illinois Street
Suite 200
St. Charles, IL 60174
Deerfield
500 Lake Cook Road
3rd Floor
Deerfield, IL 60015
Westchester
One Westbrook Corporate Center, Suite 300
Westchester, IL 60154
Joliet
63 West Jefferson St.
Joliet, IL 60432