Litigation & Defense

Brock & Scott 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 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 group includes very seasoned partners 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.

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
  • Eminent domain
  • 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

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.