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Weissman takes foreclosure, bankruptcy, and eviction files from start to finish, which specifically includes any litigation seeking to delay foreclosure sales, seeking to set aside sales that have already occurred, and any number of other state and federal lawsuits filed against our clients.  In that regard, the lender litigation group is an interdisciplinary team of lawyers available to aggressively assist lenders and servicers with all legal work related to the mortgage industry, no matter how simple or complex.  Drawn from the litigation, title, real estate and real estate finance practice groups of the firm, the Lender Litigation Group routinely handles the following types of litigation for its lender and servicer clients:

Litigation & Transactional Work Related to Loan Servicing

  • Defense of wrongful foreclosure actions
  • Defense of regulatory compliance challenges (TILA, RESPA, FDCPA, CFPB, etc.)
  • Title Curative Litigation
    • Unrecorded Mortgages
    • Mortgages recorded out of order
    • Incorrect legal descriptions
    • Failure to include all deed holders
    • Equitable subrogation
  • Complex Loss Mitigation, including Deeds in Lieu and evaluating Short Sales
  • Foreclosure Sale Confirmations and Deficiency Actions
  • Suits on Notes
  • Receiverships
  • Landlord/Tenant Litigation (Defense of claims brought under PTFA), including appeals
  • Adversarial Proceedings in Bankruptcy Court
  • Civil Trials and appellate work in State and Federal Courts
  • Municipal and county disputes (Condemnation, Code Violations, etc)

Mortgage Fraud

Weissman represents real estate investors, mortgage lenders and their loan servicers in evaluating and prosecuting mortgage fraud and in pursuing loss mitigation remedies.  Our litigators are experienced in collaborating with local and federal law enforcement to assist in criminal prosecution where needed.

In addition to extensive TILA and RESPA experience related to the closing and servicing of residential mortgage loans, our litigators have experience using the Uniform Fraudulent Transfer Act to pursue borrowers and guarantors who have transferred assets for the purpose of defrauding, hindering, or delaying creditors.  This includes successfully using this powerful tool to set aside such transfers and to track down the assets that rightfully belong to the creditor and to ensnare co-conspirators such as attorneys and accountants and other business advisors who aided the borrower or guarantor in violating the Act.  We also have had success in creatively and aggressively using discovery rules to uncover evidence of fraudulent transfers, which often provides a powerful pressure point to achieve a successful settlement.

Tax

We have substantial expertise in handling suits in property tax-related cases.  We specialize in representing clients involved in the purchase of property tax liens and tax foreclosure deeds, and have handled hundreds of quiet title actions in the superior courts across the state.  In the property tax area, we also handle both residential and commercial property tax appeals and advise financial institutions on best practices for mitigating their property tax exposure and liability for REO properties.

Title

Weissman’s title litigation attorneys specialize in all title clearance issues including lien priority, materialman, tax, boundary, land use and access matters.

Complex Commercial Loan Default Litigation and Workouts

Assist Lenders in Developing a Strategy for the Non-Performing Loan

Our team members review loan documentation (including promissory notes, loan guarantees, deeds to secure debt, intercreditor agreements, master credit line agreements and mezzanine loan documents, etc.) to help clients understand their rights and options relative to the non-performing loan and assist them in developing a strategy to maximize their return on the non-performing asset.

Provide Litigation and Foreclosure Services

When a decision has been made to collect on a promissory note, sue on a personal guarantee or foreclose on property, our team members are there to perform a full range of litigation and foreclosure services in all state and federal courts including bankruptcy court.

Assist in Evaluating, Operating and Disposing of the Real Estate Asset

Our team members evaluate the zoning and other entitlements on the property; identify any title issues affecting the property; review easements, covenants and condominium legal documents of record to determine the lender’s assessment obligations, rights to control a condominium and homeowners’ associations, and the developments rights and liability of the lender, if any, as a successor to complete or fulfill the development obligations of its borrowers; and review and prepare real estate sales contracts, listing agreements, auction agreements and other documents used in the disposition of the Property.  Weissman has nationally recognized expertise in condominium and homeowners association law and is actively engaged in advising lenders of their rights and obligations in this area.

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