ProCouncil™ Advisory
A Limited Liability Division
Litigation, Risk & Default Servicing Mitigation Products, Solutions and Services

Banking, Mortgage Lending & Servicing | Distressed Asset Renewal
Litigation | Special Settlements | Investigations | Risk & Asset Protections | Insurance Coverage
 

Select 2008 Highlighted Problems & Solutions for Servicers & Lenders
 

We work with your team to settle or mitigate actual and potential lawsuit and operational risks. A few of the recent 2008-2012 hidden dangers that need special attention are:

2008 Select Highlighted Servicer Issues:

Lawsuit Risks

1. Trustee (Adversary) Lawsuits – LitigationFreeZone™ & SafeHarbor™ Settlements:
Bankruptcy Administration Annual Escrow SAN Violations, Lawsuits & Revised Practices
Litigation Risks & Exposures

Serious New Exposure with 3rd Party Loss Mitigation “Agents” in Collection
New Class Actions - Violations of FDCPA
Cases: Gburek v. Litton | Lappin v. Titanium Solutions, Inc. | Lige v. Ameriquest / Titanium
Zone of Foreclosure™

Operational Risks | Distressed Asset Renewal

2. Servicer Advances – Distressed Asset Renewal™, Monitoring, Collections & Lawsuits:
Senior Priority Servicer Advances for Taxes, Insurance, P&I, Etc.
Servicer Advances | TIIPAdvances™ - TIIPCollections™ - TIIPModifications™

[Endorsed by the AFN (American Legal & Financial Network)] 

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Other Issues & Services:

Trustee (Adversary) Lawsuits
Bankruptcy Administration Annual Escrow SAN Violations & Lawsuits
New TILA & RESPA B.K. Pre-emption Lawsuits
Governmental (AG) Investigations and Lawsuits
Insurance Coverage (MI, D&O, E&O, etc.) and Buyback Issues & Lawsuits
Servicer Advances – Asset Renewal, Monitoring, Collections & Lawsuits
New Best Practices: Rating Agencies, Trustees, Bankruptcy,
Servicer, Modifications, Default Servicing, etc.


Confidential Strategy™ Solutions for Servicers & Lenders

Recent laws, regulations and cases have greatly enhanced liability exposure. New (2008) cases support serious new exposure to trustee lawsuits representing debtors for (hidden) violations of Bankruptcy Administration procedures including annual escrow analysis, notice and statements, TILA and RESPA pre-emption issues and lawsuits, and standing and assignment issues.

We can provide the confidential framework to resolve lawsuits from trustees, government agencies, counterparties, litigants, insurance companies and other industry participants. We can offer the benefits of resolving or mitigating litigation and operational risks through OptInSafeHarbors™ in a Litigation Free Zone™ with “Revised” (Best) Practices. To provide the framework to such mitigation or resolution, we can act as a “neutral” or “confidential” third party, or advocate, to establish safe harbors, revised (best) practices and litigation free zones to protect you from actual and contingent risk going forward.

Benefits May Include

*Settlement of Present & Contingent Litigation
*Enhancement of Controls Over Operational & Litigation Risks, Including:
Bankruptcy-Foreclosure-Trustee Administration Exposures, and Loss Mitigation, Modification & Refi Risks
*Obtaining or Controlling Insurance Coverage for Directors and Officers (D&O), Errors &
Omissions (E&O), Commercial General Liability (CGL), Employment Practices Liability (EPL),
Credit Risk, Accounts Receivable or Private Mortgage Insurance (MI), and
Investors Residential Value (IRV) insurance policies
 *Leadership with Mitigating Positions through Proactive Solutions
*Creating Positive Media Headlines

Warnings of New & Hidden Risks & Litigation Exposure

*New (2008) cases support serious new exposure to Trustee suits representing debtors
for (hidden) violations of BK/Foreclosure administration procedures.

*June, 2008: The trustees have adopted new best practices that must be reconciled with
your internal servicing operations and practices.

*New (2008) cases offer opportunities to limit liability and “punitive” damages with certain
“revised” (best) practices.

*Conflicts inherent in loan workouts and modifications will expose servicers/lenders to
predatory loss mitigation and predatory modification (class) lawsuits.

*No Foreclosure for “Unfair Discriminatory Loans” - The bar to foreclosure is higher by the case! Lenders/Servicers must satisfy the new unlawful discrimination hurdle, and demonstrate by a fair preponderance of the evidence that the mortgage was not the product of unlawful discrimination!

*Servicers/Lenders Trustee & AG Lawsuits

*Trustee, Borrower, Investor, Shareholder and Class Action Lawsuits for
Escrow Regulation Noncompliance / Pre & Post Petition Payments / Shortfalls
Failure to Comply with SAN* BK/Foreclosure Administration

*Rating Agencies / Surveillance / Downgrades

*Insurance Coverage Issues - Avoid Loss of Coverage -
Defend Coverage Positions (Buy Back Litigation)

*Predatory Loss Mitigation / Modification / Refi Risks


Litigation and Risk Mitigation, and Settlement Solutions

See the example located at OptinSettlements™ of actual, contingent and hidden litigation and operational exposure, now occurring in relation to BK/Foreclosure/Trustee administration issues and adversary actions. Lenders and Servicers can expect adversary actions by trustees (which by case ruling, is not preempted by bankruptcy) to be filed against them. Trustees have also adopted new bet practices that you should review.

ProCouncil™ Advisory is the exclusive master licensee of HotNeutral™ litigation and loss mitigation products and solutions. HotNeutral™ products and solutions serve all participants in the mortgage banking space including interests of the borrower and consumer.

Lenders & Servicers: We mitigate or resolve litigation and operational risks with new powerful opt-in solutions for industry and consumer participants. We revise (best) practices, drawing a line in the sand of liability, and set a future course with less exposure; which you can ‘bring to the bank’, rating agencies and your bottom line. We Mitigate Litigation, Operational & Surveillance Risks, including Bankruptcy-Foreclosure-Trustee Administration & Litigation Risks, Loss Mitigation & Modification Risks, Credit Agency &  Rating Risks, & Media Headline Risks.

We work with your team to reach settlement & mitigation solutions for litigation and operational risks. As recent laws, regulations and cases have greatly enhanced liability exposure, the need for voluntary resolution of such issues or lawsuits is now paramount. Opt In Safe Harbors™ and Litigation Free Zone™ can provide the framework to such resolution.

ProCouncil™ Advisory offers litigation and risk mitigation resolution services in all 50 states. ProCouncil™ Advisory is the exclusive HotNeutral™ master licensee to implement BKMods™, OptinMods™, OptinSettlements™, OptinSafeHarbors™, LitigationFreeZone™, DefaultReferral™, and Confidential Strategy™ products and solutions.

Confidential Strategy™

Confidential Strategy™ Solutions
Can Offer Benefits of Resolving or Mitigating Litigation & Operational Risks Through
OptInSafeHarbors™ in a Litigation Free Zone™ with “Revised” Practices

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OptInSafeHarbors™ | Litigation Free Zone™

For Immediate Release

BANKING, MORTGAGE, LENDER/SERVICER
& RELATED INDUSTRY PARTICIPANTS

Opt In Safe Harbors™ | Litigation Free Zone™

As part of its Vision to be a primary catalyst of the mortgage banking community and as the forum of choice for the articulation of concerns and issues (see: http://www.e-afn.org/mission.html), the American Legal & Financial Network, (“AFN”) announces its support of Opt In Safe Harbors™ as a viable mechanism to supply the framework for self-resolution among mortgage industry participants. Click Here for Press Release