HOME LOANS AND INSURANCE DEFENSE
Borrowers can challenge various aspects of the loan origination process. LGP routinely represents lenders and servicers to successfully defend against these liability claims.
LGP’s attorneys often encounter borrowers in foreclosure cases who frequently assert defenses and claims based on the Truth in Lending Act (“TILA”), the Real Estate Settlement Procedures Act (“RESPA”), and the Home Ownership and Equity Protection Act (“HOEPA”). Defaulting borrowers also assert predatory lending and breaches in fiduciary duties by the original lender. LGP’s attorneys have the understanding of the loan origination process required to handle such claims and defenses effectively.
To protect a lender’s collateral, LGP attorneys must often defend against claims of unfair loan servicing. We possess the experience, knowledge and skills to handle challenges relating to the proper application of loan payments, servicing guidelines under Fannie Mae and the Home Affordable Mortgage Program, among other regulatory policies.
LGP also protects the interests of lenders and servicers in disputes arising from borrowers’ claims under regulations such as the Florida Consumer Collections Practices Act, the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, the Florida Deceptive and Unfair Trade Practices Act, and many others.
Escrow for Taxes and Insurance
LGP attorneys are well versed in escrow-related litigation. We successfully defend mortgage lenders on issues related to the escrow of funds for the payment of property taxes and insurance, including hazard and flood insurance.
Our attorneys work to ensure that escrow accounts have been properly established with the knowledge and consent of the borrowers, and that funds received from the borrowers have been properly applied to the borrowers’ accounts. Our attorneys often work closely with loan servicers to review escrow analyses used in resolving any discrepancies that may exist with the borrowers’ records.
Regulatory Issues Involved in Foreclosures
LGP helps mortgage lenders to resolve foreclosure regulatory issues that are brought by borrowers before the Consumer Financial Protection Bureau and the Florida Attorney General.
LGP also assists lenders and servicers to navigate compliance matters with regulatory guidelines governing the pursuit of foreclosure while borrowers are under review for loan modifications, a situation commonly known as dual tracking. In addition, LGP is experienced in litigation related to the National Mortgage Settlement between several national loan servicers and the attorneys general of several states and the federal government.
When it comes to loan modification, LGP attorneys stay engaged; from document collection to review and underwriting, we seamlessly coordinate modification requests from distressed borrowers until the lenders or servicers make a decision.
LGP attorneys routinely become involved in the loan modification process in connection with the resolution of pending litigation. LGP’s experience includes loan modifications under the Home Affordable Mortgage Program, the National Mortgage Settlement between national servicers and various attorneys general, and traditional modifications.
Quiet Title Actions
Is a property owner attempting to “quiet” your challenge or claim to a title? LGP represents lenders and servicers in litigation where property owners attempt to extinguish mortgages through legal action to quiet title.
Property owners are often not the borrowers, but those who obtain properties through the foreclosure of a junior lien, or by conveyance from the borrowers. LGP has successfully defended against these types of actions, even while the state of the law is in development with a seminal case pending review by the Florida Supreme Court.