Bilzin Sumberg’s Mortgage Banking Industry team provides a full range of services to both residential and commercial mortgage lenders and other businesses operating in the mortgage banking industry. We handle corporate, financial, litigation and insolvency matters of all types for our clients in this industry.
Our litigation matters include high-stakes suits involving claims arising from failed joint ventures and resulting lost profits, tort suits, commercial foreclosures, and a vast array of contractual disputes. Our corporate, real estate, commercial finance and insolvency practices are routinely involved in assisting our mortgage banking clients in a wide variety of transactional and restructuring matters. Our transactional experience includes corporate formations of entities and joint ventures; negotiating and closing credit facilities such as multimillion dollar commercial and residential mortgage warehouse (repo) facilities; mortgage loan and/or servicing rights purchase and sale agreements; flow purchase/sale agreements; commercial and residential MBS transactions; and developing loan origination, loan aggregator and servicing arrangements, including drafting mortgage selling and servicing guides and loan correspondent documentation. Additionally, our lawyers have extensive experience in handling loan work-outs and corporate restructurings, both in and outside of bankruptcy.
For the past several years, a particular focus of our industry team has been our nationwide representation of residential mortgage loan originators, correspondent lenders, local and regional banks, loan brokers, servicers and others, in defending against and resolving residential mortgage loan repurchase (buy-back) claims and/or indemnification/make-whole demands, both inside and outside of litigation. We also routinely provide advice to our mortgage banking clients on bankruptcy and out-of-court restructuring strategies.
By combining the expertise of our corporate, litigation, insolvency and real estate departments, our attorneys are involved at all stages of mortgage loan repurchase disputes – from pre-litigation risk management and responses to pre-litigation demands, through the defense of repurchase claims, whether in litigation, mediation or arbitration. We also represent clients in other aspects of mortgage crisis-related disputes, including mortgage-backed securities (MBS) litigation and litigation involving mortgage insurance companies and the rescission of mortgage insurance.
Our lead attorneys in the loan repurchase area, Robert M. Siegel and Philip R. Stein, are frequent speakers and panelists at mortgage banking industry and legal conferences. As the creators and Chief Editors of Bilzin Sumberg's Mortgage Crisis Watch Blog, they are often contacted by national media sources as experts on the business and legal issues involving loan repurchases, mortgage-backed securities and mortgage insurance.