Full Legal Service
We can provide expert witness support for financial services litigation.
Our Mortgage Services team can provide litigation support for residential mortgage backed securities claims, including actions for breach of the representations and warranties originators made in mortgage loan purchase and sale agreements as well as claims arising under pooling and servicing agreements.
We can mitigate exposure and deliver a bulletproof analysis for our financial services clients. We have an established record in this regard. For example, the members of our Mortgage Services team analyzed more than 150,000 loans across multiple pools and successfully refuted a claim that a mortgage lender had recycled loans that were rejected by prior investors due to origination defects without disclosing those defects to new buyers.
Over the last decade, our repurchase team has reviewed and responded to tens of thousands of repurchase demands based upon claims of breach of loan sale representations and warranties. We can reverify the borrower(s) income, assets, and other key loan components retroactive to the date of origination. Through our re-underwriting analysis and sophisticated data analytics, we can formulate a response to any repurchase demand and get you the right result.
Repurchase Demands
We specialize in responding to repurchase demands – we mitigate risk, resolve claims, ensure compliance, and minimize financial exposure.
Our Mortgage Services team can review the merits of any repurchase request and prepare a response consistent with company policies and procedures as well as investor requirements. We will explore and identify all potential arguments to challenge the merits of a repurchase remand. If there is a defense, our team will identify it and find the evidence to prove it.
Our analytical and proprietary processes include the following components:
- Validate loan attributes forming the basis of allege breaches of R&Ws contained in mortgage loan sale agreements;
- Rebut demands by evaluating and identifying compensating factors;
- Conduct third party validations;
- Reverify aged information on origination loan documents and elsewhere using our multi-sourced platform;
- Analyze payments made, compliance with applicable requirements, including the borrower’s right to cancel;
- Source data from public records as well as servicing records;
- Provide a written analysis detailing our findings backed by support documents; and
- Re-underwrite the full loan file, if appropriate.
We are well equipped to prepare responses to repurchase demands either on a loan by loan basis or globally, both in an efficient and expedient manner. With honed expertise, our analysts will identify defenses which mitigate risk, resolve claims and minimize financial exposure.
Portfolio Analytics
We are title agent aficionados and complicated problem solvers.
Our Mortgage Services team brings to the table the experience and expertise required to resolve complex title chain, foreclosure and other servicing defects. For example, we can resolve title chain defects related to missing and/or defective:
- Note endorsements;
- Assignments; and
- Satisfactions/Discharges/Reconveyances
Our highly skilled analysts have resolved title chain defects impacting hundreds of thousands of transactions for MERS and NON-MERS instruments. We can mitigate risk associated with various state, and often borrower-friendly, statutory schemes where one mistake can cost an investor the entire principal balance of the loan in question.
The members of our team have been rooted in the financial services industry for over a quarter century. Though our longstanding relationships with title companies, servicers, custodians, trustees, lawyers, law firms, County Recorder’s Offices, MERS, and MERS members across the country, we can cut through the red tape and quickly remediate time-sensitive title chain defects in ways our competitors cannot.