Borrower Claims

Patton Boggs has significant experience defending securitized trusts and mortgage loan sellers against borrower claims of fraud and improper servicing, and has pursued on behalf of mortgage loan sellers and securitized trusts assets from borrowers and insurers. The firm has litigated hundreds of lender liability claims – many of which were asserted as counterclaims in borrower fraud and waste cases.

Our team includes an of counsel who dealt with all manner of lender liability issues during his lengthy in-house career in banking and financing, including stints as General Counsel of Bonnet Resources Corporation and its affiliates, Assistant General Counsel and Litigation Manager at Norwest Corporation (now Wells Fargo), and Senior Attorney at Continental Illinois National Bank and Trust Company of Chicago.

Representative Matters:

• Trahan v. Long Beach Mortgage Company, Washington Mutual Bank, P.A., et al. – Successful motion to dismiss for a trust on behalf of The Bank of New York as trustee against claims that subprime adjustable rate mortgages held by the trust violate the Texas Constitution, as well as the cross claims for indemnification against the originator and servicer.
• Duzich, et al., v. The CIT/Commercial Services, Inc., et al. – Successful defense of commercial lender against lender liability claims.