Secured Lender Defense
Strategic solutions and vigorous defense for wrongful foreclosure claims
JMBM’s Secured Lender Defense Team was formed to defend secured creditors against wrongful foreclosure claims, which are becoming widespread as defaulted borrowers seek negotiating leverage with their lenders. JMBM’s approach helps lenders dispose of alleged wrongful foreclosure actions, proceed to sale, and realize the value of the security free from borrower claims.
Understanding the Loan Documents
The best way to dispose of wrongful foreclosure actions is to thoroughly understand the loan documents and the rules that govern them. We begin by reviewing the loan documents in detail and working with your loan origination and workout professionals to identify potential problem areas. JMBM’s lawyers are experts in the lending arena and can distinguish legitimate issues from unfounded claims. We use our experience to position the case for the most cost-effective resolution.
In the Courtroom
Our Secured Lender Defense Team includes seasoned trial lawyers who have handled hundreds of trials and arbitrations before federal, state and bankruptcy courts, arbitrators and administrative agencies. We are experienced in defending lender liability issues, motions to enjoin foreclosure, receivers, Truth in Lending Act (TILA) and Real Estate Settlement Procedures Act (RESPA) claims, and have resolved all types of matters brought against lenders under federal and state law. We know how to respond when a wrongful foreclosure claim has been made solely to delay an eviction. We have an impressive track record in trial and are fully prepared to defend our clients in court with skill, creativity, and passion.
In the Board Room
As full-service counsel to numerous financial institutions, we serve international, national, regional, and local banks, special servicers and life insurance companies by staying at the forefront of emerging issues, trends and court decisions in financial services litigation. We routinely counsel creditors in loan workouts, foreclosures and dispositions of assets and bankruptcy proceedings, and can advise on measures to reduce both the possibility and costs of litigation.
After the Sale
JMBM's Secured Lender Defense Team has extensive experience in assisting lenders with the disposition of Real Estate Owned (REO) properties. This includes disposing of properties following judicial and non-judicial foreclosure sales, attending to construction defect claims, and dealing with the selective retention or eviction of tenants.
- For a secured lender: JMBM represented lender in successful arbitration For a secured lender: JMBM represented the lender in a successful arbitration which secured the bank's right to foreclose on its collateral, which consisted of bonds. Attorneys' fees were also awarded.