Mortgage Litigation

Smith Dollar represents lenders, servicers and secondary market investors in all types of mortgage-related litigation. We handle actions involving and arising from foreclosures, both judicial and non-judicial, including wrongful foreclosure and contested evictions. 

We also represent the mortgage industry in lender liability litigation and actions arising out of alleged deviation from regulatory requirements, whether in origination or servicing, including TILA, RESPA, HOEPA, and FACTA, as well as post-foreclosure, real property litigation and claims issues.

We have represented lenders in litigation throughout the nation involving appraisers, mortgage insurers, property purchasers, borrowers, investors, title underwriters, escrow companies, and closing attorneys.

Lenders Litigation

• Compliance Related Litigation (Including TILA, Reg Z, HOEPA, RESPA, Reg X, ECOA, Reg B, FCRA, and California Consumer Protection Statutes)
• Lender Liability
• Unfair Business Practices (Business & Professions Section 17200 and 17500 claims)
• Contested Evictions
• Wrongful Foreclosure
• Judicial Foreclosures
• Repurchase Litigation
• Mortgage Insurance Coverage and Rescission Litigation
• Title Coverage and Priority Litigation
• Mortgage Fraud Recovery
• Loan Fraud Litigation
• Civil RICO
• Subpoena handling and response
• Class Actions

Mandatory Settlement Discussions

The law requires there to be an attempt to settle the matter outside of the courts. However, if you are not familiar with all of the laws available to you it is a good idea to hire a mortgage litigation lawyer who can look out for your best interests. It will be your lawyer’s job to find as much evidence as possible to support your claim or to protect you against a claim. 

Taking the path of settling outside of court can really save everyone time and money, so it is usually in everyone’s best interest to try to find a way. Either way, contact Smith Dollar at (707) 522-1100 and learn how our litigation lawyers can help you understand mortgage-related litigation and your available options.