Mortgage Lending & Servicing

 

Our services in the area of mortgage lending and servicing include:

 

• Borrower litigation defense

• REO litigation

• Title disputes

• Judicial foreclosures

• Commercial collections

• Compliance and general counseling for lenders and servicers under federal and California laws

• Commercial mortgage workouts

• Repurchase demands and litigation

• Purchase-sale of notes and other debts secured by real estate

• Probate litigation

• Evictions

 

Our acheivements in this practice area include:

 

• Debrunner v. Deutsche Bank Nat. Trust Co., 204 Cal. App. 4th 433, 138 Cal. Rptr. 3d 830 (Cal. Court of Appeal, 2012): After obtaining dismissal in the trial court, successfully defended the appeal, leading to landmark precedent for the mortgage servicing industry.

 

• Lender/loan servicer liability cases in state and federal court (2009 - 2014): Won dismissal or summary judgment in dozens of cases in state and federal courts involving varied claims of lender/loan servicer liability, such as claims for fraud, unfair competition, credit reporting liability, debt collection liability, violation of the Federal Truth in Lending Act, and violation of the Federal Real Estate Settlement Procedures Act; contract claims; and real estate claims. Many others were successfully settled.

 

• Bankruptcy litigation (U.S. Bankruptcy Courts for the Eastern and Northern Districts of Cal., 2011 - 2013): Successfully defended or settled loan servicing liability claims under the Bankruptcy Code, including negotiating a number of settlements before any defense in court became necessary.

 

• Fraudulent real estate document cases (Cal. Superior Court, Sacramento County, Marin County, El Dorado County, 2014): Successfully cleared title to properties against false documents recorded in an effort to strip our client of its interest in the real estate. Returned the properties to saleable/insurable position.

 

• REO title litigation (Cal. Superior Court, 2014): Promptly negotiated and settled five-party litigation arising from the sale of a bank-owned property, for an estimated seven percent of the client's potential liability, avoiding the need for any defense in court.

   

• Trust litigation over multi-unit property (Cal. Superior Court, 2012): Defended lender in trust litigation over a multi-unit residential property, negotiating settlement that ensured the client either market value, or free and clear title with possession.

 

Our speaking and publications in this practice area:

 

• Presenter, "The First Two Years of the California Homeowner Bill of Rights," Contra Costa County Bar Association Bankruptcy Section, 2015.

 

• Co-presenter, "The Intersection Between Deeds of Trust and Articles 3 and 9 of the Commercial Code," Contra Costa County Bar Association Real Estate Section, Walnut Creek, California, 2013.

 

• Co-author, "Dodd-Frank Changes QWR Response Deadlines & Liability," California Mortgage Bankers Association Legal News, April 2, 2012