DS News

DS News May 2018

DSNews delivers stories, ideas, links, companies, people, events, and videos impacting the mortgage default servicing industry.

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ยป VISIT US ONLINE @ DSNEWS.COM 27 What are some pending cases you think could have a major impact or set precedents for the industry going forward? In Pennsylvania, our Supreme Court has agreed to take a case dealing with notice of intent to foreclose requirements. is is an important issue in this state that needs to be decided. Our Supreme Court will also be deciding an Unfair and Deceptive Acts or Practices (UDAP) case involving the state attorney general and that office's right to seek consumer restitution. I also expect we will see decisions coming regarding borrowers seeking to enforce various CFPB servicing rules in defense of foreclosures. ere are always Fair Debt issues that arise every year and 2018 will be no exception. Nationwide, cases will continue to refine the issues of standing, statutes of limitations, and enforcement of lost notes. What are some of the primary challenges you see for servicers in 2018? e continuing burden of compliance will be the major challenge for servicers. Law firms can be a major help to clients by being proactive and keeping clients advised of any regulatory, statutory, or case law decisions that impact lenders. It is a major task for any lender or servicer to be on top of every statute or judicial decision in all 50 states. By providing clients with this information, it can be a major benefit. Law firms can also assist clients with on-site training in best practices and the latest issues affecting bankruptcy and foreclosures. Law firms can assist servicers by engaging the servicers' trial witnesses in mock cross- examination and other techniques to succeed in getting key information into evidence. As obvious as it may sound, law firms can also assist servicers by simply keeping them informed of issues in general legal matters. Sometimes a firm can get so focused on actions relating solely to lending that issues of importance get overlooked, such as key evidentiary rulings, UDAP decisions in other industries that have a spillover effect on lenders, and contractual or Uniform Commercial Code matters. While training and staying on top of statutory changes are critical, law firms can do the best service to the industry by providing exceptional service and maintaining the utmost ethical standards of practice. For many borrowers, the first contact that they will have with the legal system is when they receive a notice of foreclosure from a law firm. As such, it is vital to the well-being and the perception of the industry that matters are being handled in the most professional manner. What is one thing you wish more people understood about your job? I wish more people understood how challenging it is today to maintain a law practice in this default sector. e regulatory and technological costs imposed on law firms is staggering. It takes a lot to maintain a successful practice these days. at being said, I hope people also understand that I relish having a challenge and overcoming any obstacles. We continue to see growth at our firm, and that is a tribute to the dedication our staff has. e main thing that I wish people understood about our industry is that our firm, the legal community representing the industry, and the industry itself care. We care that a borrower deserving of a loan modification gets one. We care that a borrower seeking an amicable exit solution to a property receives that assistance. We care that any borrower is afforded decency and professionalism in a default matter. We care that a vacant and dilapidated property moves efficiently through the system so that property can be restored to a positive factor in the neighborhood rather than a drag on that community's value. Quality of legal services, commitment to ethical representation, and dedication to professionalism are as important to us as the number of foreclosures completed in any given month. THE LEADER IN DEFAULT SERVICING NEWS Help shape the next issue of DS News. Drop us a line at Editor@DSNews.com. "The continuing burden of compliance will be the major challenge for servicers. Law firms can be a major help to clients by being proactive and keeping clients advised of any regulatory, statutory or case law decisions that impact lenders. It is a major task for any lender or servicer to be on top of every statute or judicial decision in all 50 states."

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