Buchalter Nemer’s Mortgage Banking Industry Group specializes in representing banks, credit unions, lenders, brokers and servicers before state courts, federal courts and governmental agencies.
The Firm handles all aspects of lender liability defense, including wrongful foreclosure claims, torts (negligence, fraud, etc.) and claims arising from, among other things, the Truth-In-Lending Act, Real Estate Settlement Procedures Act and the California Homeowners Bill Of Rights. From individual borrower claims, to class actions or multi-district litigation, the Firm has successfully litigated these claims for decades. The Firm also prosecutes claims for judicial foreclosures, breaches of contract and guaranty and utilizes all available pre-judgment remedies.
Title Insurance And Escrow
Title insurance protection and the availability of escrow claims are perhaps the most misunderstood and overlooked areas in the mortgage banking industry. The availability of title insurance protection or an escrow claim must be considered whenever notice of a potential claim is discovered. The Firm advises its insured clients on title insurance and escrow claims and routinely handles bad faith and escrow litigation.
Litigation is often avoided when appropriate responses are provided to communications from a borrower or their counsel before a lawsuit is filed. The Firm provides advice and assistance with responding to those communications and curing any potential issue before litigation arises.
Complaints by borrowers to government agencies are often used as a substitute for direct litigation. The rise of the Consumer Financial Protection Bureau is thus no surprise. The Firm routinely assists its clients with resolving issues raised by state and federal government agencies.
Numerous issues arise once a borrower files for bankruptcy. These include lender liability adversary proceedings, proposed reorganization plans which are futile, motions to avoid liens and other actions designed to impair the lender’s security interest. The Firm routinely assists its clients with responding to bankruptcy issues throughout the country.
Labor and Employment
Myriad issues exist with respect to labor and employment in the mortgage banking industry. Overtime, employee classification, disability and misappropriation of trade secrets are but a few. The Firm provides excellent counsel to minimize these risks on the front end and experienced and effective litigators to resolve them on the back end.