Wolfe & Wyman LLP
Attorneys in Practice

Practice Areas: Lender Liability Defense

Wolfe & Wyman LLP represents banks, savings and loan associations, thrifts, loan servicers and other financial institutions in a wide variety of lending, banking, mortgage banking and real property matters, including the following:

Lender Liability Defense
Defending against lender liability claims, including:

  • Loan Origination Challenges (claimed violations of Truth in Lending Act (TILA), Real Estate Settlement Procedures Act (RESPA), etc.);
  • Loan Servicing Challenges (claimed violations of California and Federal Fair Debt Collection Practices Acts (FDCPA), Fair Credit Reporting Act (FCRA), etc.); and
  • Wrongful Foreclosure Actions (claimed violations of non-judicial foreclosure laws, etc.)

Lender Disputes - Representing parties involved in loan repurchase / indemnity disputes between loan originators and secondary market loan holders.

Lien Validity/Priority - Establishing, and defending challenges to, interests in real property, including challenges by borrowers (based on fraud, forgery, undue influence, etc.) and third parties (based on mechanic's liens, unrecorded interests, etc.). Related representation includes prosecuting actions for reformation and cancellation of recorded instruments to correct faulty loan documentation.

Foreclosure Actions/Impediments - Prosecuting judicial foreclosure actions and acquiring receivership appointments. Where necessary, this representation also includes clearing impediments to non-judicial foreclosure sales, such as clouds on title and acquiring relief from automatic stays in Bankruptcy Court.

Loss Mitigation/Recoupment - Prosecuting recoupment actions against borrowers, appraisers, loan brokers and other real estate professionals involved in loan fraud causing losses to lenders. This representation includes both state court litigation and maintaining adversary proceedings in Bankruptcy Courts to determine the non-dischargability of debts.

Related lending, banking and financial services representation by Wolfe & Wyman LLP includes Lender Liability Defense, Loan Fraud Recovery, Real Property, Title Insurance.