Mortgage Fraud Lender Review and Defense

The “subprime epidemic” has affected everyone with interests in real estate. Fraud review and litigation has become an essential component in protecting and enforcing SLG client rights. If litigation is necessary, SLG has had particular success representing lenders, brokers, individuals and investors in: broker and investor repurchase litigation, appraiser litigation, title company litigation, lender liability claims, general indemnity claims, and local and state regulatory claims related to fraud/forfeiture actions.

The following are some of the services provided by SLG:

Lenders: Loan file review to determine potential fraud liability is the first step in responding to loan fraud issues. Determining the responsibilities of potential third party repayment sources i.e. appraiser, title, escrow, broker, and borrower is an essential component of SLG’s fraud mitigation and review process.

Once an appropriate analysis is finalized, SLG’s experience in representing lenders, brokers, investors, and individuals allows for an effective determination of whether litigation or a negotiated approach to fraud or attendant claims should occur. SLG’s experience in representing a wide spectrum of clients in fraud litigation matters is often effective in helping parties to reach negotiated settlements as an alternative to litigation.

If litigation is needed, SLG will advise its lender clients on the most expeditious way to finalize and dispose of its collateral while preserving attendant fraud and contractual claims against responsible third parties. Using alternative dispute resolution options in conjunction with traditional litigation methods has allowed SLG clients the benefit of quicker results instead of litigation that goes on for years. SLG’s vast experience in the bankruptcy field also allows it to coordinate review of bankruptcy documents and facts established in the bankruptcy courts to assist and expedite resolution of state law litigation matters, and in appropriate cases to use the federal removal process to resolve claims in the bankruptcy court and avoid multiple forums.

Brokers: SLG represents its broker clients in defense of lender and borrower claims under broker agreements, or against lender/borrower fraud claims. Once an appropriate analysis is finalized, SLG’s experience in representing lenders, brokers, and individual investors, allows for an effective determination of whether litigation or a negotiated approach to fraud or attendant claims should occur. SLG’s experience in representing its lender clients also allows for a practical and direct approach to lender claims that have no legal or financial viability. If litigation is necessary, SLG provides a full range of litigation services.

Individual Investors: Many individual investors are lost in the maze of confusing and conflicting options related to real property security taken as an investment. Making a sound determination at the onset whether or not to proceed and how to proceed to obtain security given for a loan has been found to be the most effective strategy to protect individual investors’ interests. SLG helps its investor clients to navigate these issues by exploring all available options, from foreclosure to negotiated workouts with senior lenders. Response to bankruptcies by borrowers, implementing and managing the eviction process and obtaining income generated by the real property security for the use of the investor are other issues that SLG frequently encounters in protecting its individual investor clients.

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