Mortgage Litigation and Enforcement Advisory Services

Banks and financial services companies face a complex environment of regulatory scrutiny and litigation extending to virtually every aspect of residential mortgage lending, including the origination, servicing, and sale of mortgages and mortgage securities. Prior origination, servicing, and compliance practices are being scrutinized and challenged by private litigants and governmental agencies. Current origination and servicing procedures are being overhauled to meet new legislative and regulatory initiatives. Securitization transactions require increased levels of third-party due diligence and loan-level analysis. All participants in the mortgage and securitization markets are affected by these dramatic changes. 

We offer mortgage-related consulting services to clients such as banks, mortgage banks, specialty finance companies, and law firms. Services include compliance, pre-litigation, litigation, and post-litigation support; residential and commercial loan reviews; and mortgage servicing and operations risk management advice. Typically, our clients are responding to threatened or actual government investigations, commercial claims, or lawsuits. 

Treliant has experience in consulting with financial services companies, and the law firms which represent them, on their residential mortgage business in areas including the following:

RMBS and Mortgage Litigation Support

  • Expert Witnesses: Re-underwriting, Causality, Representation and Warranty, and Assignments
  • Subject Matter Experts for Origination, Warehouse Lending, Secondary Marketing, Servicing (including Foreclosure), and Securitization
  • Data and Loan File Review
  • Claim Response and Affirmative Re-underwriting

Government Investigation and/or Whistleblower Response

  • Risk Analysis including Data and Loan File Review
  • Subject Matter Experts for Origination, Warehouse Lending, Fair Lending, Servicing (including Foreclosure), and Securitization
  • Dollar Sizing of Potential Exposure
  • Data Aggregation and Data Management Support
  • Response Support
  • FHFA and FHA, VA, and Native American (HUD Section 184)

Litigation Support

  • Subject Matter Experts
  • Forensic Data, Record, and File Review
  • Project Management
  • Statistical Analysis

Post-enforcement Remediation and Support

  • Independent Review of FHA Insurance Claims, FHFA Advance Claims, Loss Mitigation, Foreclosure, and Compliance, and a wide variety of audit, analysis, and support activities

Advisory

  • Gap Analysis for Process, Procedure, and Governance
  • Change Management
  • Change Implementation
  • Training
  • Technology Usage

Due Diligence

  • Mortgage Credit Risk and Compliance Due Diligence for Business Acquirers and Whole Loan Acquirers, Insurers, and Servicers
For more information, contact Susanna Tisa at 202.249.7930 or Robert Broeksmit at 202.249.7944.
Stephen C. Rudner, Principal of Treliant Risk Advisors, provides insight into the complexities of the residential mortgage market.

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