Baker Donelson attorneys offer decades of experience and a deep commitment to the mortgage lending and servicing industry, working with lenders, servicers, and investors on a full range of legal issues including matters involving contested proceedings, origination issues, residential and commercial foreclosures, bankruptcy, default issues, consumer protection issues, and other litigation. We are known for our ability to quickly resolve complicated mortgage matters and return loans to performing status. We always keep in mind that success may mean different things to different clients.
Our mortgage team is comprised of attorneys from a wide range of disciplines, with extensive courtroom experience in state, federal and bankruptcy courts. We regularly handle litigation involving allegations of wrongful foreclosure and eviction, regulatory violations including class actions and individual actions, bankruptcy matters and issues with title to property. Our attorneys manage multi-state litigation portfolios for servicing clients, which includes the management of budgets, local counsel and underlying foreclosure, consumer protection, and bankruptcy cases.
We work closely with our lending and servicing clients to find creative, cost- and time-effective solutions to their problems, including loss mitigation, quality control, and quality assurance. This includes the following:
- Litigation arising out of contested foreclosure (residential and commercial), bankruptcy, eviction and REO
- Creditor representation in bankruptcy matters including Chapter 11 and bankruptcy adversary cases
- Lender liability defense
- Title clearance and title claims
- Litigation portfolio and budget management for in-house legal and default servicing departments
- Fair debt and collections practices claims and litigation
- Consumer protection claims and litigation, including Fair Credit Reporting Act and Telephone Consumer Protection Act claims (and state-law equivalents)
- Local, state and federal regulatory compliance, including Consumer Financial Protection Bureau (CFPB) investigations, code violations with local municipalities, public policy matters, and statutory enforcement
- Environmental issues involving secured collateral
- Quality control and quality assurance review of suspect loans, including review of loans originated through subprime loan products thought to be part of mortgage fraud schemes
- "Best Practices" training