Mortgage Lending and Servicing

Baker Donelson offers experience and commitment in representing the mortgage lending and servicing industry including representation of mortgage lenders, servicers and investors in foreclosure, bankruptcy, default and other litigation and REO of single-family and multi-family residential properties as well as commercial properties.

Along with its foreclosure and bankruptcy practice, Baker Donelson brings a multi-disciplinary practice group of attorneys with courtroom experience in state, federal and bankruptcy courts including complex litigation involving allegations of mortgage fraud, predatory lending and/or regulatory violations – class actions as well as individual actions- relative to loan origination and servicing.

Our attorneys work closely with lending and servicing clients to find creative, cost- and time-effective solutions including loss mitigation, quality control and quality assurance.

Baker Donelson provides every type of service relative to the lending and servicing industry including (but not limited to):

• All aspects of default representation, including foreclosure, bankruptcy, eviction and REO;
• Assistance with state and federal public policy matters, such as pending subprime mortgage modification legislation;
• 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;
• State and federal regulatory compliance, including Truth in Lending Act (TILA), Real Estate Settlement Procedures Act (RESPA), Home Mortgage Disclosure Act (HMDA), Home Ownership and Equity Protection Act (HOEPA), licensing, claim of unfair and deceptive trade practices and breach of fiduciary duty;
• Lender–investor relations, including repurchase and indemnification demands for alleged breach of purchase or pooling servicer agreements, early payment default and other issues;
• Title clearance and title claims;
• Environmental issues involving secured collateral;
• Lender liability defense;
• Civil prosecution of mortgage fraud and other lending related issues as well as creation of business plans for litigation alternatives to secure loss recovery;
• Creditor representation in bankruptcy matters including Chapter 11 and bankruptcy adversary cases; and
• Quality control and quality assurance, and "Best Practices" Training.

Representative Mortgage Lending and Servicing Matters

• Residential foreclosures and bankruptcy pursuant to Investor guidelines;
• Coordinated regional representation of several national lenders in Chapter 7 and Chapter 13 bankruptcy cases and defense of class action litigation brought by a trustee in consumer cases;
• Represented Chapter 11 debtors in a number of real estate cases, including multiple apartment complexes and resort hotel property;
• Conducted numerous foreclosures involving multi-family and/or complex commercial properties including litigation involving collection of rents and appointment of receivers;
• Represented secured lender owed approximately $80 million in bankruptcy of large franchise restaurant operation;
• Represented equity holder with approximately $1 billion of investment in pre-bankruptcy workout negotiations involving large national company;
• Represented creditor holding $20 million in mortgage debt in complex apartment bankruptcy case;
• Coordinated foreclosure efforts for numerous properties in multiple states in connection with restaurant chain insolvency matter;
• Represented national lender in class action litigation over handling of claims in consumer bankruptcy matters;
• Represented mortgage lenders in multiple large scale mortgage fraud cases resulting in recovery of damages; during representation worked with federal and state prosecutors to provide information and training to assist in prosecution of criminal cases;
• Represented lenders in state and federal court in defense of post-foreclosure wrongful foreclosure actions; and
• Represented national lenders to jointly defend class action suit in bankruptcy court which alleged improper application of mortgage fees in bankruptcy claim.