The Buchalter Nemer Mortgage Banking Practice Group offers premier, comprehensive legal services to the residential mortgage banking industry. Our nationwide clients include residential mortgage lenders, brokers, servicers and investors; marketing firms specializing in lead aggregation for the mortgage industry; investment bankers involved in securitizing mortgage pools and warehouse lenders. Our Mortgage Banking Practice Group has considerable experience handling Federal and multistate* compliance and licensing, litigation (both individual and class action defense), mortgage fraud, labor and employment, corporate and securities, business counseling, as well as default servicing (bankruptcy; loss mitigation; wrongful foreclosure).

Representing lenders on a nationwide basis in the atmosphere of today’s mortgage industry is especially complex.  Our mortgage banking attorneys provide solutions to the entire spectrum of mortgage banking legal matters from the initial stages of federal agency and multistate licensing, and advising companies on corporate governance and operating agreements through structuring loan servicing operations and loan securitizations. 

We understand that today’s mortgage banking industry is detail-oriented and specialized.
In the compliance and licensing area, our mortgage banking group provides a complete range of regulatory and corporate advice to the residential mortgage banking industry including:

o Licensing and qualification – both initial licensing and licensing administration
o Federal Consumer Credit Laws including TILA, RESPA, HMDA, FDCPA, FCRA (as amended by the FACT Act)
o Multistate mortgage brokering, lending, servicing and debt collector laws
o Federal and multistate financial privacy, security and identity theft laws
o Federal and multistate advertising laws and disclosure requirements
o Corporate compliance under Sarbanes-Oxley

In the secondary market area, our mortgage banking attorneys provide a complete range of legal services and products including:

o Mortgage-backed securities and structures
o Correspondent lending, warehouse financing structures
o Conduit financing
o Loan participations
o Whole loan sales
o Securities disclosure matters

In the litigation area, our mortgage banking attorneys provide comprehensive services for litigation and default servicing matters including:

o California Unfair Business Practice (17200) defense;
o Class action defense
o Defense of a wide range of claims including those involving federal and state consumer credit laws, predatory lending, wrongful foreclosure and state consumer protection laws
o Loan fraud and loan repurchase
o Enforcement of operating agreements including loan representative, loan broker, branch manager, correspondent lender, whole loan purchase and warehouse lender
o Business disputes including breach of contract actions, business torts and unfair competition

The firm’s Litigation Practice Group practices in federal and California state courts and has handled matters as lead counsel in federal and state courts outside California.

In the labor and employment area, our mortgage banking attorneys provide a complete range of support on matters such as:

o litigating claims of California Unfair Business Practice (17200) violations, interference with business relations, unfair competition, misappropriation of trade secrets, discrimination and harassment, wrongful termination, Labor Code violations, defamation, privacy infringement, fraud, infliction of emotional distress and breach of fiduciary duty
o advice regarding employee and independent contractor policies, terminations, disciplinary actions, lay-offs and compliance with the numerous state and federal laws and regulations concerning employees and independent contractors. 
o representing management in employment and independent contractor contract negotiations. 

In the corporate and securities area, our mortgage banking attorneys provide a complete range of support on matters including:
o Corporate formation and maintenance
o Private placements
o Public offerings
o Mergers and acquisitions
o Corporate disclosure