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Mortgage Banking

Mortgage Banking

Smith Dollar is nationally known for its advocacy on behalf of the mortgage banking industry.
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.

Mortgage Fraud
Smith Dollar is nationally known for its unique and effective approach to mortgage fraud litigation and recovery services.

Regulatory Compliance
Smith Dollar advises corporate clients on compliance with state and federal statutes, regulations and issues, including Bank Secrecy Act, Anti-Money-Laundering laws, Privacy Act, TILA and Reg. Z, HOEPA, ECOA and Reg. B; RESPA and Reg. X; HMDA, FDCPA, FCRA, GLB and federal and state predatory lending and privacy laws.

Transactional
Smith Dollar assists with the negotiation and drafting of operational and transactional documents, including servicing agreements and merger and acquisition documents. Smith Dollar has worked with Fortune 500 financial companies to develop and implement lending processes and programs.

Types of matters
Compliance and Transactional

  • Trust Review
  • Loan documentation
  • Entity Formation and Licensing
  • Policy and Procedure Development
  • Anti-Money Laundering and Bank Secrecy Act Compliance
  • Federal and state regulatory compliance guidance and implementation
  • Mergers and Acquisitions
  • Servicing and sub-servicing agreements

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