HIGH PERFORMANCE LAW™
Transcription
HIGH PERFORMANCE LAW™
HIGH PERFORMANCE LAW™ MORTGAGE DEFAULT SERVICES FOR MORTGAGE SERVICERS, LENDERS, CREDITORS FORECLOSURE | BANKRUPTCY | LITIGATION | REO | COLLECTIONS | EVICTIONS | TITLE CURATIVE BY THE BOOK. ON TIME. W IT H I N A L L O W A B L E F E E S . Lately, the road for mortgage banking has Carolina and South Carolina for our high been an especially difficult one. With the performance professionalism. While that recent economic downturn, it’s littered with reputation is built upon legal expertise, what obstacles that range from borrowers and has honed it —from foreclosure to litigation lenders hitting the wall financially to new — is experience. regulatory challenges that have sprung up in response. Legally, it’s currently one of In that time, we have developed a deep the most complex courses to navigate – and knowledge of creditors’ rights law and have increasingly, to litigate. successfully applied it in all areas of practice including: To do so successfully, you need an • FORECLOSURE • COLLECTIONS experienced, knowledgeable law firm with • BANKRUPTCY • EVICTIONS sharp focus, flawless legal reflexes, and most • LITIGATION • TITLE CURATIVE of all, a steady hand to safely guide you • REO, COMMERCIAL AND RESIDENTIAL CLOSINGS proactively and reactively with finesse and precision. With a field this complicated, you want a 2 For over 35 years, Hutchens Law Firm has law firm with not just the expertise to know done just that for banks, mortgage lenders, which direction to take, but whose experience mortgage servicers and creditors. makes getting there second nature. We’ve established a well-earned reputation You want Hutchens Law Firm’s high among courts and clients throughout North performance legal services. WHAT SETS US APART Our reputation for high performance law has made our law firm the “go to” for mortgage servicers, lenders, and GSEs. That reputation stems from our unique mix of priorities and investments: AN ESTABLISHED INDUSTRY PRESENCE Recognition and awards from industry associations, clients, and peers attest to our commitment to client satisfaction. Our Firm’s membership in the USFN (America’s Mortgage Banking Attorneys) and our USFN Diamond Award (2007-2014)* are testaments to our proven experience in the industry. We also serve as members in the National Mortgage Bankers Association, North Carolina Bankers Association, Mortgage Bankers of the Carolinas, North Carolina Creditors’ Bar Association, and the Legal League 100. DEDICATION TO THE FIELD For the attorneys in our default servicing practice, this industry is our professional passion. Throughout the year, we travel across the country to speak at seminars and conferences held by the USFN, MBA, and other industry organizations. We also provide on-site continuing education courses to clients upon request, participating in speaking engagements nationwide. TECHNOLOGICAL EFFICIENCY We’re strong believers in leveraging technology to maximize efficiency and minimize costs for clients. Our dedicated in-house IT department continually tracks the latest innovations to see how we may streamline processes. Our customized database and case management software allows for seamless workflow reporting and document tracking throughout all areas of practice. LEGAL WORK DONE IN-HOUSE The Firm believes using our own staff and attorneys provides accountability, efficiency, oversight, and yields the best results. No cutting corners - full compliance done right, done timely and securely. CASE MANAGEMENT Our custom-designed case management system (CMS) offers integrated solutions that help to create the most efficient processing possible. This software streamlines every aspect from legal research to data and document management. Plus, our investment in ongoing staff training on credit and legal issues helps ensure that time isn’t wasted in ramping up for each individual case. Together, these efficiencies support our pledge to work within agreed upon budgets and related benchmarks while keeping clients fully informed. RESPONSIVE REPRESENTATION When we take you on as a client, your interests become our interests, and we vigorously defend them to the fullest extent. Part of any successful partnership is communication, and our staff, infrastructure, and technology combined ensure that you receive prompt response to address and answer any and all of your needs at a moment’s notice. Each year we undergo extensive audits from our clients to ensure compliance with their requirements. 3 FORECLOSURE We know the rules: state, federal, and QUASI-JUDICIAL FORECLOSURE bankruptcy. Our attorneys are well-versed After exhausting all avenues for collection of and understand the GSE, Agency and mortgage debts, certain circumstances allow Servicer guidelines, the pertinent provisions for non-judicial foreclosure proceedings in of the CFPB regulations, the applicable North Carolina to reclaim your collateral and provisions of the national settlements mitigate losses. involving banks and servicers, and we have both trial and appellate court experience in consumer initiated litigation arising out of mortgage loan transactions and servicing activities. Stage 1: Preparation, Title Examination, and Documentation Stage 2: Review, Notices, and Hearing Stage 3: The Sale Compliance in all of these areas is essential FORECLOSURES - JUDICIAL FORECLOSURES and we have the knowledge and experience In mortgage servicing, errors and mistakes to help our clients meet the necessary performed at loan origination can rise to mandates. Hutchens Law Firm has received the forefront in foreclosure, preventing you a “no objection” determination from Fannie from effectively recovering your collateral. Mae and Freddie Mac for each of the many We provide seasoned advice and advocacy servicer clients who have requested the in judicial foreclosures and title curative review of our Firm. We have fully executed litigation ranging from a simple reformation legal retention agreements from each of the of a clerical error to more complex issues. GSEs in both North and South Carolina. 4 We have over 35 years’ experience in handling foreclosure, bankruptcy, and default-related matters. BANKRUPTCY When creditors are faced with a borrower’s expertise. You can put that same expertise bankruptcy filing, it takes a quick legal reflex to work in protecting your own interests with and accelerated response to stay ahead our comprehensive services to guide you of the chain reaction and to ensure your through every step of the bankruptcy process, financial interests are at the front of the line. including: At Hutchens Law Firm, our proven strategies • Preparing and filing proofs of claims are designed to help you successfully maneuver through the complex process • Defending objections to proofs of claims in order to protect your interests, mitigate • Objections to plan confirmation losses, and ensure the best possible solution. • Plan reviews (Chapters 11, 12, & 13) We represent lenders, banks, mortgage servicers, landlords, and all creditors — regardless of size — in North Carolina and South Carolina. We’ve earned a well-respected reputation • Preparation of reaffirmation agreements • Motions for relief from the automatic stay • Defense and prosecution of adversary proceedings, as well as other forms of bankruptcy litigation within the industry that frequently results in • Appeals at the district court and fourth our being invited as lecturers, presenters, and panelists throughout the country on • Loss mitigation issues circuit court of appeals bankruptcy topics to share our specific 5 LITIGATION Unfortunately, sometimes credit default disputes become intractable and you’re forced to file or defend a lawsuit. Successful litigation demands the highest level of performance that combines a solid foundation through knowledge of default, banking, and regulatory law; the intricate procedures of trial practice, from motions to appeals; and the Firm resolve and confidence that can only come with experience. It’s exactly the type of HIGH PERFORMANCE LAW™ upon which we’ve built our successful reputation. In mortgage-related credit default litigation, attacks on your interests can spring from many directions, and we’re highly adept at defending against them all. Examples of issues that can arise include: FORECLOSURE CHALLENGES… Brought by borrowers or any party with an ownership interest in the subject property. These challenges can include alleged issues with the loan origination, servicing of the loan, or the foreclosure itself. MORTGAGE LIEN LITIGATION… Brought by interested parties seeking to pursue their own financial interests at the expense of yours. Such parties may include lenders and servicers, tax sale purchasers, HOAs, and internet-educated scammers. 6 REO LITIGATION… That can hinder the disposition of REO assets and include neighboring property disputes, code enforcement issues, or disputes surrounding contracts and sales. EMINENT DOMAIN CHALLENGES… Brought by the government or utility companies seeking to obtain title to easements from the property for public works. You can put our brand of HIGH PERFORMANCE LAW™ to work for your interests in any area of creditor litigation including: • Contested foreclosures and foreclosure appeals • Injunctions and temporary restraining orders • Code violations and enforcement • Easement and boundary disputes • Title reformation • Defense of TILA, RESPA, Fair Debt, Breach of Contract, and Unfair and Deceptive Trade Practices claims • Mediation and arbitration • Surplus funds • Bankruptcy matters including, but not limited to: Adversary proceedings, cramdowns, lien stripping, preference actions, proof of claim defense, and sanctions REO Sometimes as a creditor you end up on the entire legal process from contract to a road you never intended to be on. But closing, taking the burden off of you. following foreclosure proceedings, you may find yourself in possession of an REO We can work with your REO agents, property, an asset you need to liquidate. negotiate and prepare the sales contract, After all, you’re in the business of lending, clear title issues, prepare your closing not selling real estate. documents and assure that the settlement is completed in accordance with the contract The disposition of REOs requires having the terms. proper real estate network and infrastructure in place so you can sell the property We coordinate the closing, contacting listing efficiently and at the highest value possible brokers, selling brokers, and the buyer’s to recoup your losses and mitigate your attorney to ensure that the closing takes financial burden. place on time and that settlement proceeds are disbursed expeditiously in accordance At Hutchens Law Firm, we’ve developed a with your requirements. system and legal/closing team that work together with your asset management group As a testament to our professionalism and and listing agents to successfully close REO expertise, our Firm has represented Federal transactions quickly and at fixed rates. Our National Mortgage Association with regards comprehensive REO services can manage to its REO portfolio for more than a decade. 7 COLLECTIONS As a creditor, nothing is more fundamental communications to determine the disposition to protecting your interests than ensuring of the debtor and his/her intent or ability to the money you have lent comes back. repay. The purpose of these communications Unfortunately, collecting unpaid debts can be is to avoid unnecessary conflict that can add a time-consuming process. time and expense to the collection process. It takes a system, consistency, hitting target Depending on those variables, we offer the dates, and action to convince the debtor appropriate solutions that are going to result that the action will be pursued to collection/ in your recovery of the outstanding debt. repossession. This includes: In collections, return on investment (ROI ) • Structured payment agreements is a critical consideration in regards to the • Property repossession amount being collected and the cost of that • Foreclosure and eviction collection. It’s always the first consideration • Consent judgments we make in determining the proper strategy. • Debt modifications Collection laws are consumer friendly. We will avoid turning a potentially profitable When all else fails, and the amount owed collection action into a disastrous counter- warrants it from a cost perspective, our claim for collection law violations. attorneys can lend their extensive experience in pursuing your interests in the Bankruptcy, In those circumstances requiring a State and Federal Courts in North Carolina specialized approach, we have the attorneys and South Carolina. and staff to achieve the most timely and cost-efficient solution. In most instances, our process begins with firm but respectful 8 EVICTIONS We approach every eviction with diplomacy evictions. We can guide clients through guided by an empathetic but firm hand in an difficult decisions such as whether to seek the attempt to resolve any issues quickly and cost- appointment of a rent receiver and how to deal efficiently so you can obtain possession of your with personal property left behind after the collateral. This may include offering a cash- lockout. for-keys agreement or other option to transfer possession of the collateral to you without the cost of an eviction proceeding. Evictions fall into two main categories – those following foreclosure of a property and those stemming from non-foreclosure tenant issues. We can effectively represent you in both scenarios. FORECLOSURE EVICTIONS OUR COMPREHENSIVE SERVICE INCLUDES: • Confirming military and bankruptcy status of prior owners/occupants • Review of Lease Agreements provided by the occupants • Sending the appropriate Notice to Vacate the property to the occupants Following foreclosure, the eviction process is • Complying with HUD regulations and Occupied Conveyance procedures governed by statute, but can vary depending • Petitioning the court for a Writ of Possession on the courts’ and sheriffs’ caseloads, and particular county requirements. We handle every step of the process to ensure a timely and • Coordinating a lockout with the sheriff where possible efficient outcome so you can take ownership of • Dealing with personal property left behind the property as an asset. • Property preservation concerns NON-FORECLOSURE EVICTIONS We are experienced in representing landlords in both residential and commercial property 9 TITLE CURATIVE The fine details. When it comes to title PROPERTY WITH A TITLE INSURANCE claims, any defects in the details can present POLICY serious issues when it comes to investment or disposition of real property or mobile homes. Whether it’s a matter of faulty documentation, improper title conveyance, delinquent taxes and liens, or the discovery that your customer does not hold 100% If we find title issues upon examination, and there is a title insurance policy covering your interest, we will file a title insurance claim for a potential curative resolution. Our successful interest in the title – just to name a few experience in pursuing curative measures issues – our dedicated team of title curative applies to all potential issues – from superior attorneys and staff are well-practiced in liens of record to more extensive issues like a navigating the complexities of the missing interest or incorrect legal description. process for successful resolution. Our well-established working relationship In North Carolina, we have a team of inhouse title examiners and paralegals that perform all of the Firm’s title work in all 100 counties in North Carolina. This team with all title insurance companies working in North and South Carolina and their claims offices, helps us address these issues with efficiency in both time and cost. In addition, has been trained and is supervised by the our practice has earned us the respect of Firm’s title attorneys, and has an eagle eye litigation counsel throughout NC and SC to research titles, identify issues, and propose retained by title insurance companies to methods for resolution. resolve defects. In fact, many often contact our office for guidance. This ongoing Title curative measures generally fall into two professional relationship again helps us main categories, and our expertise covers increase efficiency in more complex matters. both. 10 PROPERTY WITH NO TITLE INSURANCE OR REJECTION OF POLICY CLAIM BY TITLE COMPANY While properties without title insurance can • Filing reformation actions to cure be more complex matters, we are equally adept at resolving such issues as well. Depending on the type of issue, our team can defective legal description issues • Negotiating with owners (current and prior) to obtain corrective documents cure defects in titles where there is not a title • Drafting Warranty, Non-Warranty and policy, by leveraging our extensive experience with numerous issues and curative methods • Drafting easements, shared driveway such as: Quit-Claim Deeds or well agreements, and boundary line agreements • Negotiating or litigating with title companies to provide leverage • Reaching out to prior lien holders for cancellation of satisfied liens that have not been cancelled of record • Negotiating settlement of liens that have not been paid and satisfied • Drafting subordination agreements, satisfactions, and releases • Filing quiet title actions to resolve missing interest issues or some lien issues 11 HUTCHENS PARTNERS TERRY HUTCHENS WAKE FOREST SCHOOL OF LAW As managing partner, Mr. Hutchens directs the Firm in the area of default legal services and has 37 years of experience in foreclosure, bankruptcy, REO closings, evictions, and civil litigation. Awards: American Business Ethics Award 2011; AV® rated by MartindaleHubbell; Best Lawyers in America 2009-2014; North Carolina Superlawyers 2005-2014.* “We recognize that our clients are judged by the company they keep. We work tirelessly to ensure that our reputations as both lawyers and members of our community reflect favorably upon them.” – Terry Hutchens 12 JOSEPH J. VONNEGUT MERCER UNIVERSITY SCHOOL OF LAW Mr. Vonnegut has over 20 years of experience in bankruptcy, civil litigation and creditors’ rights, and is a frequent contributor on bankruptcy-related issues, authoring articles in national publications and speaking at bar and industry gatherings. Mr. Vonnegut has received an AV® rating by Martindale-Hubbell.* Joe believes that representing both creditors’ rights and bankruptcy clients gives him a rare perspective on these cases. “You can never look at a case from just one angle. The ability to understand all sides of each case helps me deliver the best possible outcome for my clients.” – Joe Vonnegut WILLIAM WALT PETTIT MERCER UNIVERSITY SCHOOL OF LAW With over 30 years of experience, Mr. Pettit’s practice areas include civil litigation, commercial and residential foreclosure and bankruptcy, and creditors’ rights. Walt has been appointed as a Federal Court Receiver and a Chapter 11 trustee in numerous highprofile cases. “A Federal Court Receiver appointment is certainly an honor; but I bring the same principled dedication to every case and every client.” – W. Walt Pettit 13 J. SCOTT FLOWERS CAMPBELL UNIVERSITY, NORMAN ADRIAN WIGGINS SCHOOL OF LAW With an AV® rating from Martindale-Hubbell* and 13 years of experience, Mr. Flowers’ areas of practice include default related litigation, collections, and judicial foreclosures. Scott’s philosophy for working with clients always starts with listening. “If a client is talking to a litigation attorney, it’s probably a stressful time for them. They need to know that you are listening and that you are on their side.” – J. Scott Flowers LAUREN S. THURMOND UNIVERSITY OF SOUTH CAROLINA SCHOOL OF LAW Ms. Thurmond’s practice areas include commercial and residential foreclosure, eviction, creditors’ rights, and real estate title litigation. Ms. Thurmond regularly visits mortgage companies throughout the country to provide on-site mortgage related training sessions and also teaches foreclosure continuing legal education courses. Ms. Thurmond has received an AV® rating from Martindale-Hubbell.* Lauren is one of the Firm’s compliance officers and in that role is always reviewing the Firm’s practices to ensure it is adhering to industry best practices. 14 “We are constantly evolving to ensure that our infrastructure both from a technology and management standpoint is tailored to ensure timeline adherence, the protection of client confidential information, timely communication and escalation of matters, accurate reporting, and costeffective competent legal representation.” – Lauren S. Thurmond SUSAN R. BENOIT CAMPBELL UNIVERSITY, NORMAN ADRIAN WIGGINS SCHOOL OF LAW Ms. Benoit is Real Estate/Title Supervising Partner and has over 20 years of experience in the real estate field. Ms. Benoit has a deep understanding of commercial and residential closings, REO, and title curative. “My path to the Firm is unique – and my added perspective gives my clients a unique advantage that I’m proud to offer.” – Susan Benoit HILTON T. HUTCHENS, JR. CAMPBELL UNIVERSITY, NORMAN ADRIAN WIGGINS SCHOOL OF LAW Mr. Hilton Hutchens brings energy and gumption to his position as the Default Servicing Litigation Supervising Partner for Hutchens Law Firm where he also practices in the areas of civil litigation, collections, creditors’ rights, and foreclosure. Hilton strives for success for each of his clients, be they local or national, for which he has earned North Carolina SuperLawyers’ Rising Star each year from 2011-2015*. “Whether it is a national bank or an aggrieved individual, our laws provide the same protections for each; and each deserves competent and thorough legal representation.” – Hilton (Hutch) Hutchens 15 N O R T H C A R O L I N A DEFAULT SERVICES TEAM 16 LANÉE BORSMAN | WAKE FOREST UNIVERSITY SCHOOL OF LAW Lanée Borsman practices in the areas of foreclosure, eviction, title curative and litigation as an associate with Hutchens Law Firm. She came to law through title examination and still enjoys tackling the puzzle-like challenges of title issues. Lanée speaks across the country on mortgage servicing seminars and does onsite client visits, conducts continuing legal education training for paralegals and attorneys. She is an active volunteer and board member for the Lawyer’s Assistance Program of the North Carolina State Bar. S. TROY STALEY | CAMPBELL UNIVERSITY, NORMAN ADRIAN WIGGINS SCHOOL OF LAW Troy Staley brings a healthy work ethic and a keen eye for research to Hutchens Law Firm as an associate practicing in the Firm’s Bankruptcy group. He helps manage the Chapter 7 and Chapter 13 default practice for the firm. Throughout the year, Troy travels to various national industry conferences to speak on panels involving bankruptcy issues. He also participates in onsite client trainings. When it comes to representing his clients, Troy always tries to exceed his client’s expectations. WILLIAM F. KIRK, III | WASHINGTON AND LEE UNIVERSITY SCHOOL OF LAW William Kirk currently practices in the areas of bankruptcy, creditors‘ rights, and real estate litigation and has more than a decade of experience in a wide variety of litigated and transactional areas of law. He is active with Hutchens’ national bankruptcy consulting group, which involves advising large financial institutions on individual cases and developing issues in Chapter 11 and Chapter 13 cases across the country. Mr. Kirk is licensed to practice in five states and has appeared in various others by pro hac vice admission. JEFFREY BUNDA | EMORY UNIVERSITY SCHOOL OF LAW Jeff Bunda practices with the firm’s litigation practice group, focusing on contested foreclosures, title curative litigation and consumer protection defense. Jeff has become a fixture of North Carolina’s default servicing practice, and his expertise is sought by both national clients and local practitioners. Jeff routinely conducts seminars on creditor’s rights litigation and has been published in several industry publications. Jeff has also advocated for his clients before legislative and regulatory bodies. GRAHAM KIDNER | GENERAL COUNSEL As Hutchens Law Firm General Counsel, Graham Kidner is involved in client relations and development activities, firm compliance, and mortgage default and civil litigation. Prior to joining the Firm, Kidner spent 21 years in Freddie Mac’s legal division, rising to the position of Managing Associate General Counsel, where he had oversight of all single-family loan level litigation affecting Freddie Mac loans nationwide. He also managed the company’s Designated Counsel Program that, at its peak, consisted of approximately 100 law firms across 27 states handling approximately 80 percent of all Freddie Mac foreclosures. SOUTH CAROLINA He holds a bachelor of law degree from The University of Leeds, England, and after attending The College of Law in Guildford, England, passed the Solicitors’ Final Examinations. He then received his J.D. from Wake Forest University School of Law. Kidner is admitted to practice law in North Carolina, the U.S. Supreme Court, the U.S. Court of Federal Claims, and various federal district and appellate courts. JOHN S. KAY | UNIVERSITY OF SOUTH CAROLINA SCHOOL OF LAW Mr. Kay brings almost 30 years of experience and perseverance to his position as the Default Services Managing Attorney of the Columbia, SC office. John focuses his practice in the areas of mortgage default servicing, real estate, and bankruptcy, and throughout the year is a frequent speaker at continuing legal education seminars on issues related to these areas. John also conducts training sessions for mortgage servicers around the country. He believes in working hard to consistently exceed client expectations. JOHN B. KELCHNER | UNIVERSITY OF SOUTH CAROLINA SCHOOL OF LAW Mr. Kelchner has over 17 years of experience representing mortgage creditors in the default servicing industry. John’s practice is concentrated in the areas of consumer bankruptcy, mortgage foreclosure, title curative issues, and real estate. John has served as a panelist at educational seminars and conferences for the bar and mortgage servicers. He believes that thorough preparation and attention to detail are the keys to meeting his clients’ goals. ASHLEY Z. STANLEY | UNIVERSITY OF SOUTH CAROLINA SCHOOL OF LAW Ms. Stanley has over 8 years of experience and focuses her practice in the areas of mortgage default servicing and bankruptcy. She is a member of the Richland County Bar Association, South Carolina Bar, and American Bar Association. She has spent the last three years as a Compliance Attorney focusing on ensuring legal, regulatory, and servicer compliance as well as Quality Assurance. 17 HIGH PERFORMANCE LAW ™ At Hutchens Law Firm, we provide HIGH PERFORMANCE LAW™ services for banks, servicers, and other creditors rooted in legal expertise, guided by extensive experience, and informed by ethics and empathy. We understand that this industry in particular has an emotional as well as financial cost for everyone involved. With that in mind, we work every avenue to try and achieve a beneficial resolution both outside and inside the courtroom, while keeping an eye on time and cost efficiencies. To examine our credit default services more in-depth, visit us online at: HutchensLawFirm.com/areas-of-practice/creditors-rights * INDUSTRY AWARDS American Business Ethics AV® rated by Martindale-Hubbell Best Lawyers in America North Carolina Superlawyers USFN Diamond Award 18 Methodist.edu/cfe/awards.htm Martindale.com Bestlawyers.com Superlawyers.com/north-carolina USFN.org CONTACT - OFFICES IN NORTH CAROLINA - CHARLOTTE 6230 Fairview Rd., Ste. 315 Charlotte, NC 28210 FAYETTEVILLE 4317 Ramsey St. Fayetteville, NC 28311 SOUTHERN PINES 105 Commerce Ave. Southern Pines, NC 28387 WILMINGTON 7029 Wrightsville Ave. Wilmington, NC 28403 Mailing Address P.O. Box 12497 Charlotte, NC 28220 Mailing Address P.O. Box 2505 Fayetteville, NC 28302 Mailing Address P.O. Box 2505 Fayetteville, NC 28302 Mailing Address P.O. Box 12969 Wilmington, NC 28405 P: 704-357-6262 F: 704-357-6233 P: 910-864-6888 F: 910-864-6848 P: 910-684-8688 F: 910-684-8689 P: 910-509-7480 F: 910-884-3912 - OFFICES IN SOUTH CAROLINA - COLUMBIA 240 Stoneridge Dr., Ste 400 Columbia, SC 29210 Mailing Address PO Box 8237 Columbia, SC 29202 MYRTLE BEACH 1021 Sea Mountain Hwy Ste. B-2 N. Myrtle Beach, SC 29582 P: 910-864-6888, ext. 1760 F: 803-252-6822 P: 803-726-2700 F: 803-252-6822 HIGH PERFORMANCE LAW™ In North Carolina, contact Terry Hutchens at (910) 864-6888 or Lauren Thurmond at (704) 357-6262. In South Carolina, contact John Kay or John Kelchner at (803) 726-2700. PUBLISHED 7.2015 19 H HIGH PERFORMANCE LAW™ HutchensLawFirm.com