Firm Practice Areas

The firm's practice is primarily focused on serving as outside litigation counsel for the mortgage banking industry, financial institutions, the real estate finance industry, title insurance companies and the general corporate and business communities.

Our understanding of the banking, mortgage and title insurance industries combined with our extensive litigation experience in state and federal courts allows us to effectively enforce the rights of bankers, mortgage lenders, mortgage servicers, commercial lenders and title insurance companies as well as defend and dispose of all claims and counterclaims made against our clients. The litigation and courtroom experience of our attorneys gives us a broad understanding of the judicial system in New York state and federal trial courts as well as appellate courts.

Banking and Mortgage-Related Litigation

Our banking litigation practice includes all aspects of mortgage origination, mortgage servicing and mortgage foreclosures as well as business and commercial lending matters. Our mortgage related litigation practice is focused on escalated matters involving borrower defenses and counterclaims, loan modifications, legal standing and assignment issues, wrongful foreclosure, bad-faith claims, consumer finance claims, MERS-related issues, loan servicing, forbearance agreements, mortgage fraud, sub-prime issues, violations of federal and state lending laws including TILA, RESPA and HOEPA, credit defamation, discrimination, negligence, breach of contract, lack of due diligence and other lender liability claims. Additionally, our practice includes litigation involving the secondary mortgage market, securitizations, and issues arising from investor, custodian, agent and servicing relationships. We also represent clients in connection with mortgage repurchase and buy-back demands.

The firm began defending our mortgage banking clients against mortgage related litigation claims approximately fifteen years ago, well before the beginning of the 2008 national mortgage loan crisis. As a result, we have extensive knowledge addressing and defeating the myriad claims made by borrowers against lenders and mortgage loan servicers. We are often asked by our clients to substitute in for general foreclosure counsel in order to resolve issues of counterclaims, affirmative defenses and lack of standing to commence actions. We are also regularly retained to represent lenders at bad-faith and sanction hearings, to respond to issues raised by the courts concerning loan documentation and lender representations, and to defend and prosecute appeals.

Creditor's Rights, Business Workouts and Bankruptcy Litigation

In the creditor's rights area, for more than 25 years, the firm's practice has been heavily concentrated in all aspects of vigorously enforcing the rights of secured and unsecured creditors to recover business loans including loan workout arrangements, commercial loan litigation, commercial paper issues, and bankruptcy. In the bankruptcy area, we enforce the rights of creditors and litigate issues relating to the bankruptcy automatic stay, preferences, fraudulent conveyances, competing liens, cash collateral and adequate protection matters and dischargeability of debts.

Title Insurance Litigation

The firm maintains a title insurance practice which involves litigation relating to, among other things, title claims, title insurance coverage exclusions, mortgage foreclosure issues, lien validity and priorities, fraud and defalcation claims, forgery, self-dealing by fiduciaries, subrogation, subordination and other real property title issues.

General Business and Commercial Litigation

The firm's business litigation practice involves an array of business disputes including breach of contract, sale of good and services, business torts, trade secrets, partnership and shareholder disputes and breach of fiduciary duties.

Real Estate And Estates

The firm also maintains practice areas in real estate transactional matters, estate administration and the litigation of estate and trust matters.