Loan Default Litigation Attorneys
Miles, Bauer, Bergstrom & Winters, LLP
Miles, Bauer, Bergstrom & Winters is a full service creditor law firm specializing in loan default matters in Arizona, California and Nevada. We have offices located in Costa Mesa, California and Henderson, Nevada, and have been in business for 25 years.
We are a team of specialized litigators and professionals protecting our clients’ valuable interests. We offer quality legal assistance and trustee services that enable you to administer the entire default management process, and more.
Contact our firm today if you need legal assistance with any of the following:
- Foreclosure
- Bankruptcy
- Eviction
- Surplus Funds/Excess Proceeds
- Civil Litigation
- Proofs of claims
- Motions for relief from stay
- Aggressive pre-confirmation representation in chapters 11 & 13
- Equitable resolution of contested matters
- Non-dischargability actions
- Adversary proceedings
We provide personal attention and responsive service to our clients, while keeping fees to a minimum. At the core of our firm's success is our hands-on approach. Our attorneys personally attend nearly every hearing, and have developed an in-depth perspective of each judge's individual requirements.
Our firm is dedicated to the highest standard of performance with a national subscription to PACER (Public Access to Court Electronics Records) and customized monthly status reports. We define our success in terms of your success in meeting your goals and objectives. When your investments are at stake, you can be assured that our attorneys will take action to protect you.
Verdicts & Settlements:
The firm successfully obtained an order from the Nevada Bankruptcy Court that held that an above-median income debtor seeking bankruptcy relief under chapter 13 does not get to deduct from his projected disposable income (that otherwise would be available to unsecured creditors) a vehicle “ownership cost” for a vehicle he owns free and clear. 11 U.S.C. § 707(b)(2)(A)(ii)(I).
In calculating “projected disposable income” that he would have to devote to payment of unsecured creditors, in order for court to confirm, over an unsecured creditor's objection, a chapter 13 plan that provided for less than 100% dividend on unsecured claims, an above-median-income Chapter 13 debtor was not entitled to vehicle ownership expense deduction for vehicle that he owned free and clear of liens. The firm successfully defended that order on appeal to the Bankruptcy Appellate Panel for the Ninth Circuit and then, last month, again defended that order in the United States Court of Appeals for the Ninth Circuit. This case is available for review at 2009 WL 2477609 (C.A.9), 09 Cal. Daily Op. Serv. 10,425, 2009 Daily Journal D.A.R. 12,118.
If you or someone you know needs the assistance of an experienced Loan Default Litigation attorney, call Miles, Bauer, Bergstrom & Winters, LLP, today at 866-313-6015, or complete the contact form provided on this site to arrange for a free consultation.
Mortgage Lender and Real Estate Solutions
Our attorneys specialize in foreclosure and collections, and have an in-depth knowledge of:
- Commercial landlord litigation
- Residential landlord litigation
- Quiet title
- Lien priority
- Mechanics liens
- Discharge litigation
- Land use litigation
- Easements and boundaries
- Injunctive relief
- Receiverships
- Partition and sale
- Property sales
- Construction defects
- RESPA/loan origination compliance
- Escrow and related litigation
- REO-related litigation
- Soils/construction defect litigation
- Environmental litigation
- Waste litigation
- Title defects/claims
Creditor Solutions
We provide you with a spectrum of default-related services—giving you the option to utilize one or all of our services, depending upon your needs and circumstances:
- Secured creditor litigation
- Unsecured creditor litigation
- Wrongful foreclosure claims
- Evictions
- Surplus funds disbursement
- Deficiency judgments
- Retrieval litigation
- Loan origination fraud
- Collections
- Plan confirmation
- Discharge litigation
- Re-purchase disputes
Auto Lender Solutions
We offer a wealth of practical and efficient litigation options for auto lenders:
- Auto finance litigation
- Collections (bankruptcy & replevins)
- Dealer loan and defaults
- Lenders rights and remedies
- Asset searches
General Business Solutions
Our attorneys have represented business and corporate clients in litigation related to:
- Collections on delinquent loans
- Criminal defense
- Defense of lender liability claims
- Foreclosure-related litigation
- Pre-judgment and post-judgment writs and remedies including:
- attachments
- sequestration
- garnishment
- writs of execution
- Remedies for unpaid secured and unsecured debts
If you or someone you know needs the assistance of an experienced Loan Default Litigation attorney, call Miles, Bauer, Bergstrom & Winters, LLP, today at 866-313-6015, or complete the contact form provided on this site to arrange for a free consultation.
If you or someone you know needs the assistance of an experienced Loan Default Litigation attorney, call Miles, Bauer, Bergstrom & Winters, LLP, today at 866-313-6015, or complete the contact form provided on this site to arrange for a free consultation.
Miles, Bauer, Bergstrom & Winters, LLP
Services provided after-hours
MEMBERS OF THE FIRM:
- Attorney Douglas E. Miles (California)
FIRM MANAGING PARTNER - Douglas E. Miles has earned a national reputation for his representation of lenders. His areas of practice include foreclosure, mortgages, bankruptcy, eviction and real estate.
Education:
- University of Illinois at Urbana-Champaign, B.S., 1972
- University of Illinois College of Law at Urbana-Champaign, J.D., 1975
Bar Associations:
- State of Illinois - 1975
- Supreme Court of Illinois - 1975
- U.S. District Court of Illinois, Northern, Southern and Central Districts
- United States Supreme Court - 1982
- State of California - 1985
- Supreme Court of California - 1985
- State Bar of Nevada - 1991
- U.S. District Court of California, Northern, Southern, Central and Eastern Districts - 1985
- U.S. District Court of Nevada - 1991
Positions Held:
- Past Executive Vice-President of the National Association of Bar Related® Title Insurers
- Past Vice-President of Chicago Operations for Attorneys' Title Guaranty Fund, Inc. in Illinois
Memberships:
- State Bar of California
- State Bar of Nevada
- Attorney's Registration and Disciplinary Commission of the Supreme Court of Illinois
- Mortgage Bankers Association of America
- California Mortgage Bankers Association
- California Trustee Association
- Arizona Trustee Association
- Real Estate Owned Managers Association
- United Trustees Association
- Attorney Richard Bauer, Jr. (California)
MANAGING PARTNER, Bankruptcy and Eviction - Richard Bauer, Jr., served as a panelist on the Los Angeles Bankruptcy Fraud Task Force, whose purpose was to reduce the number of fraudulent bankruptcy filings in the State of California. Mr. Bauer primarily practices bankruptcy, eviction and real estate litigation.
Education:
- Pennsylvania State University, B.S., 1986
- Temple University, J.D., 1989
Bar Associations:
- State of California - 1990
- U.S. District Court of California, Northern, Southern, Central and Eastern Districts
Memberships:
- State Bar of California
- US District Courts of California, Northern, Southern and Eastern Districts
- Mortgage Bankers Association of America
- Orange County Bankruptcy Association
- Orange County Bankruptcy Forum
- Financial Lawyer’s Association
- Attorney Jeremy T. Bergstrom (Nevada)
MANAGING PARTNER - Jeremy T. Bergstrom has litigated real property issues of first impression in the Supreme Court of the State of Arizona. He is an active participant in local bankruptcy bar functions where current bankruptcy issues are discussed. Mr. Bergstrom primarily practices real estate litigation, civil litigation, eviction and bankruptcy.
Education:
- University of Wisconsin, Milwaukee, B.S., 1995
- University of Memphis, J.D., 1998
Bar Associations:
- State of Nevada - 1999
- State of Arizona - 1999
- U.S. District Court of Nevada - 1999
- U.S. District Court of Arizona - 1999
- U.S. Court of Appeals, Ninth Circuit - 2000
Memberships:
- Nevada Trial Lawyers Association
- American Bar Association
- State Bar of Arizona
- State Bar of Nevada
- Association of Trial Lawyers of America
- Strathmore's Who's Who of America
- Attorney Fred Timothy Winters (California)
MANAGING PARTNER, Civil Litigation - Fred Timothy Winters' legal career has focused on various types of civil litigation, including representation of real estate developers and brokers, commercial and residential landlords, business owners, and secured and unsecured creditors. Mr. Winters has prosecuted numerous trials, and is also adept at all forms of enforcement of money judgments. His primary areas of practice are civil litigation, bankruptcy and foreclosure.
Education:
- California State University, Northridge, B.A. with honors in English, Magna Cum Laude, 1974
- Loyola Law School of Los Angeles, J.D., 1979
Bar Associations/Memberships:
- State of California - 1979
- U.S. District Court of California, Northern, Southern, and Eastern Districts
- U.S. Court of Appeals, Ninth Circuit
- Scammers Prey on At-Risk Homeowners (HispanicBusiness.com)
Preventing people from getting ripped off by mortgage-loan modification scams is like playing Whack-A-Mole. "You knock them down in one place, and they pop up in another," said Ohio Attorney General Richard Cordray of the illegal operations. - Legal Service Plans Can Benefit Homeowners Facing Foreclosure (PR Newswire via Yahoo! Finance)
As the foreclosure crisis in the U.S. expands, along with a rising unemployment rate now at 10 percent, one thing has become all too clear: homeowners who are in danger of losing their homes to foreclosure need access to affordable professional legal services. - Scammers prey on at-risk homeowners (The Columbus Dispatch)
Preventing people from getting ripped off by mortgage-loan modification scams is like playing Whac-A-Mole. - Mortgage scam ends with prison (The Morning Call)
A judge didn't hold back when Shirley Matthews appeared before him Tuesday to be sentenced for stealing from a Monroe County man instead of helping him save his home from foreclosure, as she was hired to do. - New program shines light on shady mortgage scams (Waco Tribune-Herald)
Local officials are hoping a new national program may save some Waco-area residents from shady companies that falsely promise to reduce homeowners’ mortgage payments. - NeighborWorks Waco Warns Of Loan Modification Scams (KWTX-TV Waco)
NeighborWorks Waco warned Wednesday about loan modification scams that could cost cash-strapped homeowners money and maybe even their homes. - Freddie Mac Applauds Columbus, Ohio Coalition Against Loan Modification Fraud (PR Newswire via Yahoo! Finance)
The following statement was released today by Jeffery Markowitz, - Feds Launch Anti-Fraud Crackdown (The Huffington Post)
What's Your Reaction? The Obama administration launched a renewed push Tuesday to prosecute financial crimes and stop financial fraud. - Secretary Timothy Geithner Remarks at the Financial Fraud Enforcement Task Force Event As Prepared for Delivery (United States Department of the Treasury)
Thank you, Rob. And thanks to Secretary Donovan and Attorney General Holder for your excellent leadership. Let me close by putting this new Financial Fraud Enforcement Task Force into a broader context. - Scam Loan Modifications Companies Closed Down -- Only BOSS Offering 0 Down, No Risk Modifications (PRWeb)
Against the backdrop of recent government data illustrating the difficulty for homeowners to obtain loan modifications, Nevada passed laws to stop loan modification scams and put unlicensed loan modification companies out of business. BOSS Loan Modifications, LLC, a Nevada Loan Modification Company took an even more aggressive step and is the first to company in Las Vegas to offer no risk "No ...
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