Did You Know That?

* Conflicts of Interest in Workouts & Loan Modifications could result in Class Action Lawsuits? Do you know it’s avoidable?

* Servicers, Lenders and Foreclosure Attorneys who offer loan modification resolutions after starting the foreclosure process, may be violating the FDCPA re “confusion” and over-shadowing’?

* 58% of residential homes are underinsured (P&C) by 22%, by national average? Are you protected from this liability?

* Mortgage Insurance (MI) denials may be challenged beyond claims of fraud?

* E&O and D&O Insurance may be at play in current disputes and lawsuits?

* There is hidden liability arising from M&A (and Buying/Selling Mortgage Portfolios)? Are you protected from this liability?

* Owners, Directors and Executives may have liability exposure? Are you protected from this liability?

* New FAS Rule 157 will have sweeping implications on MSR valuation, booking and reporting.

SubprimeLawGroup.Com™
Special Solutions Counsel, Mortgage Industry Group™
Confidential Legal Strategy Representation
www.subprimelawgroup.com

BANKING, MORTGAGE LENDING & SERVICING
LITIGATION | SPECIAL SETTLEMENTS | PLANNING, RISK & ASSET PROTECTIONS
DEFENSE & PROSECUTION

New Federal & State Law Coordination and Compliance

Mortgage Loss Mitigation Planning

Servicers/Assignees: Avoidable “Conflicts” in Mortgage Loan Modifications & Workouts

New Conflicts, Restrictions & Trends on Solutions and Modifications Offered by Foreclosure Attorneys

New Standards for “Neutral” Workouts - Avoiding Lawsuits

Alternatives to Loan Modifications re Fair Debt Collections Practices Act (“confusion” and “over-shadowing”)

Alternatives or defenses to Negligent Handling of Negotiations for Loan Modifications, Failure to Consider Loan Modification Application over Foreclosure, etc.

Alternatives or defenses to Lack of Standing to Foreclose (assignments, assignees, MERS, etc.)

Alternatives or defenses to new law trends including North Carolina type statutes (burden to prove not in bad faith, 30 day cures, extended statutes of limitations, neutral party restrictions, disclosures to borrower, etc.)

New & Changing Trends in Foreclosure, Default & Bankruptcy

Multi Tier Servicing or M&A Conflicts of Interests, Suitors, Investors & Solutions

“Advance” Reimbursements

Pooling & Servicing Agreements and Authority Issues (Guidance, FAS Rule 140, etc.)

Uncertainty in Booking/Valuing Mortgage Servicing Rights (MSR) re LOCOM, Exit Price, Fair Value,
Level 1, Level 2, Level 3 and FAS Rule 157, 156, 133, etc.

Problems with Ratings from Rating Agencies & Reliance on Thinly Capitalized “Reps & Warranties”

Protections from Investors

Protections from Borrowers

Enforcement of Insurance Claims & Bad Faith Insurance Denials

Negotiations of Mortgage Insurance Disputes & Denials

Protections from Property & Casualty Underinsurance Risks

Lawsuit Defense & Prosecution

Lender, Seller, & Originator Buy Backs & Repurchase Agreements, Repos, Negotiations, Settlements & Litigation

New Trends in Very Late Buy Backs & Repurchase Demands

Lender, Seller, Originator & Broker Legal Risks & Asset Protection Strategies

Bankruptcy, Foreclosure & Default

Secondary Market Liability Issues

Assignee or Trust Issues - Foreclosure Standing, Lawsuits

Merger & Acquisition (M&A) Liability Issues - Lawsuits

Loan Risks & Portfolio Issues - Lawsuits

Insurance Sufficiency Analysis, Representations - Lawsuits

Risk Assessment, Exposure, & Mitigation

Warehouse Lines, Diversification & New Procedures

 Changing Net Worth Requirements and Levels of Delegation

New Due Diligence Rules

Hedged Pipeline Restrictions with Warehouse Lenders

Changing Agency Guarantee Fees (12-23 bps)

Non Agency Problems

Quality Control & Quality Assurance Upfront & Back-End

Special Consultation or Representation Re Mortgage Banking & Servicing
Issues Including Lawsuits, Prosecution & Defense

Lender / Broker / Servicer - Cessation of Business
How to Dissolve & Wind Down

Legal Risks & Asset Protection Issues

Buy / Sell Owner Issues

Executive & Deferred Compensation / Stock Options & Bonus Issues

For information click here.
Richard Ivar Rydstrom, Esq.
National Joint Client Group
(949) 678-2218 (Direct)

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LEGAL NOTICE: This article is not legal, tax or financial advice, and you may not rely on it for same. This is a brief non exhaustive newsworthy article and may be deemed an advertisement from the State Bar. All Rights Reserved ©2007 Richard Rydstrom

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