Companies throughout the mortgage lending and servicing industries are increasingly being required to respond and adapt to an ever changing local, state and federal regulatory landscape while simultaneously defending against lending and default claims filed by individuals and class representatives. Hinshaw's national Mortgage Servicing and Lender Litigation Practice provides sophisticated and extensive legal services to these businesses across the United States. We routinely defend banks and other lenders, investors, servicers and trustees in actions filed in state and federal district and bankruptcy courts.

We have expertise in the latest industry trends and developments in the many jurisdictions in which we practice across the country and advise clients on the impact of the Consumer Financial Protection Bureau. This includes comprehensive legal services concerning changes to:

  • Truth in Lending Act (TILA)
  • Real Estate Settlement Procedures Act (RESPA)
  • Home Ownership and Equity Protection Act (HOEPA)
  • Fair Credit Reporting Act (FCRA)
  • Fair Debt Collection Practices Act (FDCPA)

We regularly defend clients against claims involving predatory lending, mortgage fraud, foreclosure counterclaims, loss mitigation claims related to Home Affordable Modification Program (HAMP) participation, wrongful foreclosure and eviction, and unfair and deceptive acts and practices statutes. We also have extensive experience defending subservicer clients against claims concerning forced-placed insurance, property maintenance, REO sales, and taxing authority and HOA liens and takings. Our in-depth understanding of the industry and our lending and servicing clients' goals and objectives allows us to fashion effective, efficient and practical solutions without sacrificing high-quality representation.


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