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Mortgage Banking

Mortgage Banking The Law Offices of Marc J. Schwartz, PC represents banks, savings and loan associations, thrifts, loan servicers and other financial institutions in a wide variety of lending, banking, mortgage banking and real property matters, including the following:

Lien Validity/Priority- Establishing, and defending challenges to, interests in real property, including challenges by borrowers (based on fraud, forgery, undue influence, etc.) and third parties (based on mechanic’s liens, unrecorded interests, etc.). Related representation includes prosecuting actions for reformation and cancellation of recorded instruments to correct faulty loan documentation.

Foreclosure Actions/Impediments- Prosecuting judicial foreclosure actions and acquiring receivership appointments. Where necessary, this representation also includes clearing impediments to non-judicial foreclosure sales, such as clouds on title and acquiring relief from automatic stays in Bankruptcy Court.

Unlawful Detainers- Representing lenders after foreclosures action to regain possession of properties from former borrowers, tenants and other occupants maintaining control of the lender’s property. This representation also includes defending against challenges based on Protection Tenants at Foreclosure Act, violations of the Servicemembers Civil Relief Act, and local rent stabilization ordinances.

Lender Liability Defense- Defending against lender liability claims, including:

  • Loan Origination Challenges (claimed violations of Truth in Lending Act (TILA), Real Estate Settlement Procedures Act (RESPA), etc.);
  • Wrongful Foreclosure Actions (claimed violations of non-judicial foreclosure laws, etc.)

Lender Disputes Representing parties involved in loan repurchase / indemnity disputes between loan originators and secondary market loan holders.

Loss Mitigation/Recoupment Prosecuting recoupment actions against borrowers, appraisers, loan brokers and other real estate professionals involved in loan fraud causing losses to lenders. This representation includes both state court litigation and maintaining adversary proceedings in Bankruptcy Courts to determine the non-dischargability of debts.

Related lending, banking and financial services representation by the Law Offices of Marc J. Schwartz, PC includes Lender Liability Defense, Loan Fraud Recovery, Real Property, Title Insurance.

If you could assist on formatting and making it a little prettier, that would be great. If you have some images of banks that we can add to the slide show, that would be great, but not necessary right now. We have a subscription to Dollar Photo if you need photos.