Litigation Overview

Brock & Scott, PLLC handles all types of mortgage-related litigation including: foreclosure challenges by borrowers or other interested parties, which may involve an attack on the loan at origination, the servicing of the loan, or the foreclosure proceeding; litigation filed by parties having some interest in the secured property, such as mortgage lenders and servicers, homeowners associations, and tax sale purchasers, where we need to protect the interests of our client's mortgage lien; litigation affecting the client's interest in an REO asset, such as code enforcement actions, disputes with neighboring property owners, and REO contract and sale disputes; and eminent domain actions, such as complaints filed by government agencies or utility companies to take title to, or easements over, land for public works construction. The Practice Area is lead by very seasoned partners who have a wealth of experience representing mortgage lenders and servicers.

States

  • Maryland
  • Virginia
  • North Carolina
  • South Carolina
  • Tennessee
  • Georgia
  • Florida

Client Services

Service Areas

  • Litigation
  • Complex Litigation

Types of Cases

The Complex Litigation Division represents mortgage banking clients as both plaintiffs and defendants. We are frequently retained to file actions to cure defective title problems and resolve lien priority disputes. We also defend actions brought by borrowers or former borrowers, competing lienholders, municipalities, homeowners’ associations and other persons that may adversely impact the lien priority or property interests of our clients. We have knowledgeable and experienced attorneys across our 7-state footprint and regularly handle the following types of cases:

  • FDCPA, RESPA, TILA, and other federal and state consumer protection statutes
  • Unfair trade practices and fraud
  • Title curative and lien priority disputes
  • Complex and contested foreclosures
  • Note recovery and deficiency judgments
  • Eminent domain
  • Seizures and forfeitures
  • Contested evictions
  • REO sale and personal property removal disputes

Complex Litigation strives to maintain existing client relations, and develop new ones, by being responsive to client inquiries, by providing considered advice and recommendations, and by providing high quality legal services at reasonable fees. We work closely with employees throughout the client hierarchy, both in the business and legal teams.