Residential Mortgages Lender Liability Litigation: All You Need to Know in 2017
It has been long since residential mortgage lenders were obliged and required by the Real Estate Settlement Procedures Act of 1974 (RESPA) and the Truth In Lending Act (TILA) to disclose to their borrowers the cost of credit to the consumer and the associated cost to the consumer when closing the loan transaction. However, due to the ever changing economic landscape and regulatory framework, lenders must still be aware of the potential litigation risks.
In this LIVE Webcast, a notable panel of thought leaders, professionals and practitioners assembled by The Knowledge Group will provide the audience with an in-depth analysis of the most important issues and developments in residential mortgages lender liability litigation. Speakers will present to the audience the best practices in avoiding possible litigation.
Key topics include:
- Residential Mortgage - Legal Framework
- Litigation and Regulatory Enforcement Landscape
- CFPB's Oversight of the Residential Mortgage Industry
- Implications of TRID
- Identifying Lenders Liabilities
- Practical Tips to Avoid Pitfalls
- Trends and Developments
Michael R. O’Donnell, Partner
Riker Danzig Scherer Hyland & Perretti LLP
- RESPA and TILA
Peter T. Roach, Partner
Peter T. Roach and Associates, P.C.
- Fair Debt Collection Practices Act and N.Y. CPLR 3408 (as illustrative state statute on good faith negotiation)
James W. Brody, Managing Member, AMLG
American Mortgage Law Group
- Broader litigation trends, including investor v. lender
Who Should Attend:
- Mortgage Brokers
- Real Estate Lawyers
- Settlement Agents
- Senior Executives
- In-house Counsel
As a Founding and Managing Member, Mr. Brody actively manages all the complex mortgage banking litigation, mitigation, and compliance matters for the American Mortgage Law Group, P.C. (“AMLG”) and its diverse clientele (e.g., national mortgage lenders, warehouse lenders, secondary market investors, loan servicing companies, Wall Street banking firms and insurers). Being one of AMLG’s founding attorneys, Mr. Brody has been instrumental in the firm’s development and in its continued success.
Mr. Brody has successfully resolved hundreds of mitigation and litigation cases that involve complex mortgage fraud schemes, as well as large-scale repurchase and/or make-whole disputes. Mr. Brody’s experience centers on those legal issues that arise during and through loan originations, loan purchase sales, loan securitizations, foreclosures, bankruptcy actions, and repurchase and indemnification claims.
Mr. Brody received his B.A. in International Relations from Drake University in 1997. He received his J.D., with a certified concentration in Advocacy, from the University of the Pacific, McGeorge School of Law in 2000. Mr. Brody also earned a Certificate of International Legal Studies in 1999. While in law school, Mr. Brody was a member of the McGeorge National Moot Court Team and participated in McGeorge’s Business Law Forum. He was a recipient of the American Jurisprudence Bancroft-Whitney Award and the Adrian and Annebel McGeorge Academic Achievement Scholarship.
Mr. Brody is licensed to practice law in California and has been admitted to practice in front of the United States District Courts for the Central, Eastern, Northern, and Southern Districts of California. In addition, Mr. Brody has served as lead litigation counsel for numerous mortgage banking and commercial related disputes venued in both state and federal courts, in a direct capacity or on a pro hac vice basis, in AZ, CA, FL, MD, MI, MN, MO, OR, NJ, NY, PA, TN, and TX.
Mr. Brody has made numerous media appearances and industry presentations regarding the prevention, detection, and resolution of mortgage fraud matters. Mr. Brody continues to be a featured speaker in the area of repurchase and make-whole claims, mortgage banking litigation, and regulatory compliance matters.
As a Founding and Managing Member, Mr. Brody actively manages all the complex mortgage banking litigation, mitigation, and compliance matters …
Peter T. Roach maintains his law offices, Peter T. Roach & Associates, P.C. in Syosset, New York. He was graduated from S.U.N.Y. at Binghamton in 1973 and obtained his law degree from St. John’s University School of Law in 1978, where he graduated at the top of his class and received the American Jurisprudence Award in Commercial Transactions. Upon graduation from St. John’s, he founded his own mortgage banking company and after being admitted to the NY Bar in 1979, began representing both individual and institutional creditors.
Since 1988, Mr. Roach has served as an Adjunct Professor of Law at St. John’s University School of Law, teaching a variety of courses including Real Estate Finance, Real Estate Drafting, and Title Insurance. He has also lectured for St. John’s University Continuing Legal Education Program, New York State Bar Association, Queens and Nassau County Bar Associations, Practicing Law Institute, Lorman Education Services, National Business Institute, and Marino Legal Continuing Legal Education.
Mr. Roach co-authored How to Handle Your First Foreclosure, published by Practicing Law Institute, Real Property Foreclosure: A Step-by-Step Workshop and Advanced Issues in Real Estate, both published by National Business Institute, Title Examination in New York and Foreclosure and Repossession in New York, both published by Lorman Educational Services. His article entitled “Bundled Real Estate Services and Closing Cost Estimate: Give Clients a Straight Answer,” was published by the New York Real Property Law Journal, a publication distributed by the NY State Bar Association and republished by DeNovo, the St. John’s University School of Law Alumni Magazine.
Mr. Roach has been elected as a New York Metro Area Real Estate Super Lawyer each and every year from 2008 – to date, an honor given to less than five percent of the attorneys in the metropolitan area International Network of Boutique Law Firms (NY chapter president January 2008 – December 2010; January 2012 – December 2014);. He serves on the Board of Directors and is Vice-President of the Harmony Heights School, a therapeutic residential and day school serving girls with special emotional needs.
Mr. Roach has been a member of the Board of Directors of St. John’s University School of Law, since 1987, where he served as president from 2002-2004. He is also a member of the International Network of Boutique Law Firms, where he served as president of the New York Chapter from 2007-2010 and from 2013 - 2014. He serves on the Board of Directors and is Vice-President of the Harmony Heights School, a therapeutic residential and day school serving girls with special emotional needs.
Peter T. Roach maintains his law offices, Peter T. Roach & Associates, P.C. in Syosset, New York. He was graduated …
MICHAEL R. O’DONNELL is a partner with Riker Danzig Scherer Hyland & Perretti LLP. He provides a range of commercial litigation services to clients, particularly financial institutions, title insurance companies and reinsurers. His work includes real estate and title disputes and related legal malpractice claims, lender liability and the work-out of problem loans, commercial lending, sophisticated judgment collections, fraud and fraudulent transfer claims, title disputes, reinsurance collections, oppressed shareholder claims, RICO claims and D&O and fidelity bond issues. Mike has defended title underwriters and agents and financial institutions in class actions ranging from claims of overcharges on settlement services to violations of the Expedited Funds Availability Act. He is the Past Chair of the District XB Ethics Committee of the Supreme Court of New Jersey, and a member of the Association of the Federal Bar of New Jersey.
MICHAEL R. O’DONNELL is a partner with Riker Danzig Scherer Hyland & Perretti LLP. He provides a range of commercial …
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Method of Presentation:
Experience in financial services law
NASBA Field of Study:
Business Law - Technical
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About American Mortgage Law Group
The American Mortgage Law Group, PC (AMLG) is a full-service law firm within the mortgage banking industry. AMLG concentrates in all areas of financial institution and mortgage-related matters including mortgage repurchase and indemnification defense and workout, litigation, white collar defense, and regulatory compliance and examinations. AMLG is a national practice, based in California, with clients throughout the country. Our clients include mortgage lenders and servicers, commercial banks, thrifts, savings and loan associations, credit unions, title companies, third-party vendors and hedge funds. At AMLG, we are dedicated to providing our clients with the best representation possible. Our philosophy is to focus on mitigating risk in a way that allows our clients to continue to make smart business decisions. We pride ourselves on thinking outside the box and on providing creative, cost effective solutions to difficult problems in a way that best minimizes client risk.
About Peter T. Roach and Associates, P.C.
Peter T. Roach & Associates, P.C. is a New York law firm with over 35 years of experience representing some of the largest financial institutions and mortgage servicers throughout the country in Foreclosure, Bankruptcy, Eviction, REO Sales, Loss Mitigation and Litigation. Our responsiveness and creativity is the foundation of our practice.
Mr. Roach, former CEO of a mortgage banking company, established his own law firm in 1979 to serve the needs of his own mortgage company. His experience as a mortgage banker and his knowledge of accounting and finance add a unique dimension to the firm’s Foreclosure, Real Estate, and Collection practices. The firm is SOC-2 Type 2 certified, fully automated and utilizes state of the art technology and custom software.
About Riker Danzig Scherer Hyland & Perretti LLP
Riker Danzig Scherer Hyland & Perretti LLP has served the New Jersey business community for over 130 years. Distinguished for its unparalleled representation of financial institutions since the founding of the firm, Riker Danzig has become a preeminent, full-service law firm. In addition to its two New Jersey offices in Morristown and Trenton, the firm has an office in Midtown Manhattan, serving clients in corporate law, tax and trusts and estates, and litigation. Riker Danzig serves as regional trial counsel and national defense counsel for some of the country's largest corporations in a wide variety of matters, while also representing many family-owned businesses and middle-market companies. The firm provides corporate counseling to numerous financial, commercial, manufacturing and service organizations and has highly-respected practices in trial and appellate litigation, insurance, corporate law, bankruptcy, governmental affairs, labor and employment, environmental law, real estate, tax, and trusts and estates.