Litigation & Defense

Brock and Scott’s Litigation & Defense Practice Group has extensive experience in all types of litigation matters pertaining to lender/servicer defense, including but not limited to contract claims, collection and loan recovery disputes, lender liability claims, FDCPA, TILA, RESPA and real estate disputes. The group includes very seasoned partners and attorneys who have a wealth of experience representing mortgage lenders and servicers. Our firm 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. The Litigation Practice Group understands how litigation can be an effective tool in meeting client objectives. In appropriate cases, mediation or arbitration may provide a more cost-effective method of dispute resolution. When litigation is necessary to protect the interests of our client, our Litigation Practice Group formulates a strategy designed to achieve the client’s goals. Our philosophy is to prosecute litigation aggressively while respecting the need to create and abide by a budget that is both realistic and appropriate for the particular matter. All litigation files are carefully managed, client communication is ongoing, and pending cases are systematically reviewed to ensure a continuing cost-benefit analysis throughout the process.

AREAS OF LITIGATION & DEFENSE

  • 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
  • Seizures and forfeitures
  • Contested evictions
  • Commercial Claims and Bankruptcy Issues
  • Construction Related Disputes, Claims and Suits
  • REO sale and personal property removal disputes
  • Foreclosures removed to federal court
  • Receivership issues
  • Homeowner association disputes on amounts owed
  • Lost Note Actions
  • Code Violation Defense
  • Equitable Subrogation/Subordination
  • Non-Monetary Defaults and Foreclosures
  • Commercial Litigation
  • Civil Theft Defense

CLIENT SERVICE

Our Litigation attorneys strive to maintain existing client relations, and develop new ones, by being responsive to client inquiries, delivering high quality legal services and providing complimentary trainings. Our attorneys involved in litigation defense regularly engage in negotiations, mediations, arbitrations and trials. They have the skill, experience, resources, judgment and work ethic necessary to resolve complex disputes effectively through settlement, dispositive motions in advance of trial or through trial to a final order, judgment or award, and appeal if necessary.