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In-House
Attorney
Bankruptcy
Litigation - Whistleblower - CFTC
Min 10 yrs required
Foreclosure Attorney The candidate as a member of the Ditech Financial Legal Staff, will be principally responsible for providing legal services to the Ditech servicing operations with particular emphasis on providing advice and counseling to mortgage default operations. Duties will include - active involvement in managing and monitoring default counsel and trustee services in both judicial and non-judicial states, providing legal advice and counseling on foreclosure related issues to default servicing operations, conducting on-site reviews of default counsel and trustee services, monitoring changes in laws and regulations and communicating such changes to mortgage default management and personnel, reviewing policies and procedures and providing training to associates, interfacing with foreclosure counsel on individual loan file issues, coordinating with and assisting Ditech litigation staff in connection with employee depositions and corporate witness requests involving foreclosure matters, serving as the central point of contact for requests for legal services related to mortgage default issues, and coordinating with other members of the Legal Staff concerning the provisions of legal services to servicing operations. Frequent travel required. Draft and review statements of work and attorney quality expectation documents for default counsel and trustee services. Work with Vendor Management and Mortgage Servicing’s functional partners to develop and document a risk assessment and quality control framework in respect of outside default counsel. Develop quality metrics for measuring and monitoring performance of default counsel and trustee services; participate in quarterly reviews with default counsel and third party vendors. Conduct due diligence, risk assessment, and quality reviews of new firms and conduct periodic on-site visits of existing default counsel and trustees; review firm policies, procedures, and practices for compliance with state and local laws; audit foreclosure files for compliance with the laws. Interact with default counsel and trustee services to coordinate legal services as requested by mortgage default operations. Advise Servicing Operations of new laws and regulations relating to mortgage foreclosure and default related practices; keep management apprised of new issues and trends in mortgage foreclosure activities. Review and approve all forms of affidavits or certifications provided by Servicing Operations staff in pursuing foreclosure actions. Draft, review, and revise documents, notices, disclosures, and borrower communications. Participate in the review of Servicing Operations policies and procedures; provide comprehensive training to servicing personnel on mortgage foreclosure topics. In coordination with Compliance and Business Controls and Internal Audit, provide advice and counseling in connection with risk assessments, compliance testing, internal audits, and state and federal examinations of mortgage default operations. Monitor foreclosure litigated matters managed by default counsel, coordinate with and assist Litigation staff with preparation of employee depositions and corporate witnesses in connection with foreclosure matters, review employee deposition transcripts, and assist as necessary with escalated customer complaints and other pre-litigated matters managed by in-house legal staff. Review and draft responses regarding customer complaints alleging defective foreclosure practices. Build and maintain working relationships with default servicing operations management, Compliance, Internal Audit, and Risk functional partners. Assume responsibility for special projects as assigned.
Qualification and Experience
The candidate should have law degree from a reputable law school and strong academic record. Should have membership in good standing in Texas or Florida Bar or ability to become licensed to practice law in either Texas or Florida. Must have 10 years full-time legal practice with focused experience in residential mortgage foreclosures and familiarity with bankruptcy issues in a law firm or in-house setting. Litigation experience is a plus. Should have excellent interpersonal and communication skills. Must have ability to achieve consensus among competing objectives and constituencies. Should have excellent leadership and client relationship skills, including the ability to influence others, foster teamwork, and drive for results and change within a large and complex organization. Must have ability to analyze complex issues, develop creative solutions, and provide sound, practical, and reasoned legal advice to business client. Excellent oral and written communication skills and excellent listening and team work skills are needed.
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