Mortgage Industry Litigation and Subprime Lending Litigation

The Financial Services Litigation practice covers all participants in the mortgage industry, including mortgage bankers, brokers, and mortgage purchasers, in litigation matters involving subprime lending issues, defense of claims by borrowers, mortgage fraud issues, and issues relating to the sale of mortgages and mortgage-backed securities.

Representative Experience

• Represented a commercial lender against a borrower who claimed that the loan at issue was for household purposes, and therefore placed the commercial lender within the consumer mortgage loan act. 
• Defended bank-owned mortgage lender in suit brought by a commissioned loan officer alleging that the individual was not paid commissions earned and was not compensated for taking on additional duties of a supervisor who had resigned.
• Represented a mortgage lender against alleged violations of Truth in Lending Act, Home Ownership Equity Protection Act and Equal Credit Opportunity Act and claims for fraud and conspiracy for making a predatory loan.
• Represented bank in lawsuit against former mortgage loan officer who had handled fraudulent loans. 
• Represented bank in the Virginia Supreme Court in matters involving default on a $19 million loan secured by low-income apartment buildings. 
• Represent national bank in claim by consumer on sub-prime loan for Truth in Lending Act violations and common law fraud.
• Represent mortgage lender in negotiations regarding a loan alleged to be a “high cost loan” in violation of North Carolina’s high cost loan act.