Attorney-Default Litigation

Attorney-Default Litigation

Full time; Exempt; 40 hours/week; overtime as required

Lake Zurich, IL, US

Department:

Default Litigation

General Description:

The Default Litigation Attorney will provide a wide variety of services to the Default Litigation, Mediation and Attorney Oversight Departments. The position is premised on assisting each department as needs dictate, including the ability to manager strict deadlines, adapt to and learn new processes, work well with other departments within DMI and manage multiple projects. Jobs include, but are not limited to: assisting with all tasking, reporting, and department data metrics, documentation preparation, audits, pleading and discovery reviews, training, investigating and drafting correspondence, handling contested pleadings, testifying at trials or mediations, policy reviews, and handling highly contested litigation, problems files and escalated matters. Other responsibilities would be provided, as needed or required, by the Department Head. Working knowledge of foreclosure and bankruptcy litigation required; management experience preferred.

Reports to Department VP.

Responsibilities - Include, but are not limited to:

• Provides legal analysis, advice and counsel on litigation files as assigned;
• Reviews, evaluates, and handles high risk litigation for DMI and its clients;
• Reviews, evaluates, and handles highly escalated loans and issues in order to prevent future litigation;
• Assists with litigation assigned to specialist to ensure matters are handled in an effective and efficient manner;
• Ensures that Company-wide policies and procedures, on matters for which Attorney is responsible, are applied in full recognition of all legal implications and risks. (Can collaborate with the Company Compliance Department);
• Remains current and knowledgeable about applicable legislation, case law and administrative rulings, as well as pending legislation and administrative regulations pertinent to the Company; as assigned, provides counsel to Attorney Oversight, Mediation and/or Default Litigation departments in interpretation and training so as to minimize non-compliance risks;
• Work cooperatively with the other departments to keep up with all law changes applicable to the business and provide guidance and support to department staff based on those changes;
• Work cooperatively with other departments to institute DMI procedural updates to DMI processes in high risk situations;
• Reviews and evaluates assigned potential litigation matters with Management, the Department Head, Managers, Attorneys and Assistant Managers, as well as the Legal and Compliance Departments as needed;
• Prepares reports as directed by the Department Head and is responsible for assuring that the reports are completed in a timely manner; follows up with all specialists with any outstanding task on identified reports;
• Conducts research on projects as required Department Head;
• Investigate, research and draft responses to borrower correspondence;
• Audit for quality control, factual accuracy, and risk management the responses to borrower correspondences drafted by department;
• Educate and train specialists relative to legal issues, litigation strategy, shared analysis and default servicing experience;
• Testify at trial or mediation; provide deposition testimony as needed;
• Monitor/maintain the department proxies;
• Monitor/assist the legal department on their litigated loans;
• Complete system corrections received from staff/other departments pertaining to litigated files/loans;
• Complete file audits as assigned;
• Assist with attorney issues and internal issues raised by the staff;
• Audit contested pleadings and discovery; and
• Other duties as assigned.
• Performs such other responsibilities and duties as assigned, including the handling and oversight of foreclosure, bankruptcy, evictions and mediation matters, as well as participating when needed with attorney oversight matters.

Required Qualifications:

• Juris Doctorate; Licensed Attorney
• 5 - 10 + years in default servicing law firm or mortgage servicing company with focus on Foreclosure, Bankruptcy, regulatory issues, litigation, and/or real estate legal matters. 3 years plus of experience handling contested default servicing litigation.

• Must have working knowledge and hands on experience in foreclosure, bankruptcy and eviction cases.
• Experience or working knowledge of mortgage banking regulations, servicing guidelines or operational default servicing law firm processes.
• Extensive knowledge of federal and state laws impacting mortgage servicing such as TILA, ECOA, FCRA, FDCPA, RESPA, the Fair Housing Act, the Homeowners Protection Act, predatory lending laws, state foreclosure laws and the U.S. Bankruptcy Code.
• Ability to prioritize work, effectively manage, and interact effectively with senior management
• Submission of writing sample required.
• Extensive Legal writing and analysis and research skills.Working knowledge of Foreclosure, Bankruptcy and the related issues, laws and regulations.
• Experience in a legal environment dealing with foreclosure and bankruptcy pleadings.
• Experience with LPS, Fidelty systems, and Microsoft Office
• Ability to deal with legal issues in a practical and efficient manner; excellent analytical skills; exceptional oral and written communication skills; good interpersonal skills; ability to persuade and present positions effectively yet inoffensively; flexibility and willingness to work under pressure with tight deadlines on a large number of issues at one time; attention to detail
• Limited supervisory responsibilities

Internal Contacts:

Legal Department; Mortgage Disposition Department; Default Litigation Department; Mediation Department; Attorney Oversight Department; Compliance Department; and other Company managers and personnel as necessary to complete projects assigned

External Contacts:

Attorneys, Vendors, Governing Agencies, Investors, Clients, and Regulatory Agencies.

Physical Demands and Work Environment:

• The employee is regularly required to communicate (give/receive information) through multiple methods of communication. The employee is frequently required to stand or walk (or otherwise move through the organization); sit; use hands to type, write, handle or feel and reach with hands and arms. The employee may occasionally climb or balance; stoop, kneel, or crouch; or lift and/or move up to 25 lbs. The noise level is usually moderate and typical of an office environment. The employee may be required to use a variety of standard office equipment, including computer keyboards and monitors, phones, printers, etc.
• In accordance with applicable disability laws, Dovenmuehle works with applicants and employees to make reasonable accommodations to the job or work environment when doing so will enable a qualified individual with a disability to satisfactorily perform the essential functions of the job.

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