Despite the creation of national servicing standards under HAMP, the National Mortgage Settlement, and CFPB regulations (effective January 10, 2014), servicers continue to mishandle loan modification applications. This course will present claims and litigation strategy associated with loan modification misconduct. Claim analysis includes breach of contract and other common law claims, UDAP, ECOA, Fair Credit Reporting and other statutory claims. Litigation strategy includes how to keep your client in their home during litigation, discovery strategies, and settlement strategies.
Eric Mercer is a private attorney at the Law Office of Eric Andrew Mercer in Sacramento, California. He represents consumers in individual and class action litigation involving mortgage loan servicing, mortgage origination, foreclosure rescue scams, and unfair debt collection. He graduated from Santa Clara University School of Law and started his legal career as a patent litigator at an intellectual property law firm in Palo Alto, California, where he began representing consumers through the firm's pro bono program. Since 2009, his practice has focused heavily on protecting homeowner rights through litigation in California state and federal courts and as coauthor on amicus curiae briefs.