Mortgage Witness / Practice notesMortgage banking & lending practices

Attorney Resources for Mortgage Litigation

Early mortgage-specific issue spotting can save time. Before transmitting a large file, counsel can usually determine whether a mortgage-banking review is potentially useful by identifying the transaction, the disputed lending conduct and the documents most likely to answer the question.

Start with five questions

  1. What mortgage transaction or transactions are at issue?
  2. What conduct or lending decision is disputed?
  3. What time period and loan program apply?
  4. Which participants matter—originator, processor, supervisor, underwriter, lender, broker, closing or title participants?
  5. What opinion or analysis is actually needed from a mortgage-banking professional?

Useful documents to identify

What to send initially

For an introductory discussion, do not send confidential borrower records through the public website. A short, nonconfidential description of the case, the mortgage issue, jurisdiction, important dates and expected timing is enough to begin conflict and fit discussions. Secure document exchange can be established after scope and conflicts are addressed.

Questions a mortgage review may help clarify

Scope before opinions

Substantive review begins only after conflicts and scope are established. The objective is independent analysis of the available record, not a predetermined litigation result.

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