2. Page
I. Introduction to the Business, Financial Services & Real Estate Division 1
II. Minority Certification 2-3
III. Association Memberships 4-5
IV. Practice Areas 6
End to End Default Legal Services 6
Foreclosures 6
Mortgage and Consumer Litigation 7
Bankruptcy 7
REO Disposition Title Services 8
Evictions 8
Appellate Practice 8
National Litigation and Loan Oversight Services 9
Residential Mortgage Backed Securities (RMBS) Transactional and
Litigation Services 9
Regulatory and Compliance 10
Residential and Commercial Real Estate Transactions, Litigation and
Development 10
Title Insurance and Escrow Services 11
Business and Commercial Litigation 11
V.RecentAttorneyPublishedArticles 12
The Delay Game 12-15
Title Wave 16-18
State of Affairs 19-20
Clear As Mud 21-24
Legal League 100 Legal Update - Q2 2016 25
VI. Office Locations 26
VII. Contact Information 27
Index
3. I. Introduction to the Business, Financial Services
&
Real Estate Division
Quintairos, Prieto, Wood & Boyer, P.A. (QPWB) is a full service law firm with
nineteen (19) offices strategically located throughout the United States and U.S. Virgin
Islands. Our Business, Financial Services & Real Estate Division (the “Division”) was
created to focus on the wide range of legal issues impacting those businesses engaged
primarily in the financial services and real estate industries. In addition to these areas,
the Division provides a broad range of services to its clients in a number of different
industries and fields. Typical clients represented by the attorneys within the Division
include but are not limited to, the following: mortgage loan servicers, student loan
servicers, auto finance companies, real estate and development companies, mortgage
lenders and originators, government sponsored enterprises, bank and non-bank
financial institutions, and governmental entities and political subdivisions. Through the
Division, QPWB provides legal services in Business and Commercial Litigation, End to
End Default Legal Services, Real Estate Transactions, Appellate Practice, National
Litigation and Loan Oversight, Residential Mortgage Backed Securities, Regulatory and
Compliance, and Title Insurance Services.
The Business, Financial Services & Real Estate Division is managed by attorney
Michael “Mike” J. Barker, Esq. who is based in Jacksonville, Florida. Inquiries on the
Division’s services and general questions can be directed to Mike anytime via e-mail at
mbarker@qpwblaw.com or you can give him a call at (904) 226-3660.
www.QPWBLAW.com Page 1
4. II. Minority Certification
Quintairos, Prieto, Wood & Boyer, P.A., is a Minority Business Enterprise (MBE)
as established by the National Minority Supplier Development Council (NMSDC).
QPWB actively recruits qualified minority and women candidates through the
firm’s general recruiting and interview process. The firm regularly participates in
programs and activities specifically geared to the recruitment, hiring and retention of
qualified minority attorneys.
www.QPWBLAW.com Page 2
6. III. Association Membership
The Business, Financial Services & Real Estate Division of QPWB is not only
engaged in the practice of law impacting its clients, but its attorneys are also engaged
in the industries in which its clients function. In order to fully understand the concerns
from a client’s legal perspective, it is imperative that attorneys understand their clients’
businesses and industry as well in order to appreciate the practical implications of the
work that we as lawyers are asked to perform. Therefore, we are members of and take
active roles in a number of professional and trade organizations that promote and
protect our clients’ respective industries. Some of these memberships include the
following:
www.QPWBLAW.com Page 4
8. IV. Practice Areas
End to End Default Legal Services
QPWB, through its Business, Financial Services & Real Estate Division,
represents a wide range of both servicers and bank and non-bank mortgage holders
throughout the firm’s geographic footprint. Services include all areas of law that arise
and relate to end to end default legal services and creditor's rights. Regardless of the
legal issue, our team has both the ability and capacity to handle any issue that arises in
the life cycle of a defaulted loan facility. Our default legal services department has
been recognized by loan servicers and investors for outstanding performance and our
score-cards support that we are among top performing firms in the jurisdictions in
which we practice. Our default services team continues to evolve and grow as the
industry dictates and continues to evolve in the enforcement era.
Foreclosures
The Business, Financial Services & Real Estate Division of QPWB provides
foreclosure services in Florida, Georgia, Alabama, USVI, Illinois, Kentucky, Michigan,
Chicago, Arizona, Texas and Puerto Rico. We maintain experienced attorneys who are
well versed in all aspects of asset recovery. From the firm’s full service practice, the
attorneys engaged in foreclosure services can draw on a cross section of years of legal
experience to address any issue or problem that may arise. As we all know, the
process of prosecuting a foreclosure has changed. Our lawyers are prepared for and
have seen the foreclosure defense lawyer tactic "de jour". Legal experience and ability
has never been more important and we have the experience to get results and recover
your assets in a timely and cost effective manner. Additionally, in today’s environment,
the foreclosure process is highly scrutinized by regulators, third party auditors, and the
foreclosure defense bar. QPWB has a strict policy of ensuring that verified pleadings
and affidavits are carefully reviewed and given by the appropriate client
representatives and further reviewed by the responsible counsel of record. QPWB also
implements strict, uniform, and centralized quality control procedures that provide for
a smooth process when our clients’ vendor management or approval teams are
required to interact with the firm’s various offices.
www.QPWBLAW.com Page 6
9. Mortgage and Consumer Litigation
The Division’s Mortgage and Consumer Litigation team represents bank and
non-bank clients throughout the United Stated in both the prosecution of high-risk and
high-value loan enforcement cases and in the defense of claims arising out of the
alleged violations of consumer protection based statutory schemes. Examples of the
areas in which we practice in mortgage and consumer litigation include the following:
• Defense of alleged unfair trade practices claims
• Defense of alleged violations of any and all consumer protection based statutory
schemes on both a state and federal level
• Complex mortgage litigation
• Title related litigation
Bankruptcy
Our bankruptcy and creditors’ rights attorneys provide representation in a
wide range of national bank, non-bank, and institutional clients. We represent
creditors and only commercial debtors in bankruptcy proceedings, workouts, and debt
restructurings in federal and state courts across the United States and in foreign
jurisdictions. Our team is experienced in all aspects of bankruptcy and creditors’ rights
representation in bankruptcy court, which includes:
• Cram-down disputes
• Litigation involving valuations
• Cash collateral stipulations
• Going out-of-business sales
• Automatic stay litigation
• Adversary proceedings
• Bankruptcy appeals
• Motions for Relief
• Objections to Plans
• Objections and Proof of Claim
www.QPWBLAW.com Page 7
10. REO Disposition Title Services
The real estate lawyers within the Division have a strong background in all
aspects of real estate law including, real estate transactions and title insurance services.
In addition to its traditional real estate practice, the Division, through its affiliated entity,
Attorneys’ Title Services, LLC (ATS) www.attorneystitleservices.us , focuses on assisting
its clients with the disposition and liquidation of REO inventory. Unlike many default
servicing firms that have non-lawyers supervise such activities, ATS is attorney managed
and supervised and actual attorneys examine and understand the title commitment and
underlying title evidence. This oversight and supervision is provided at the typical
market rates as other non-lawyer supervised or corporate owned title operations.
Evictions
Evictions are often overlooked as a high-risk area of the default legal process.
Unfortunately, underestimating this component of the process can not only be
expensive, but also result in the evicting party receiving unwanted negative publicity.
The eviction lawyers within the Business, Financial Services & Real Estate Division
provide eviction services throughout QPWB’s geographic footprint and the process is
attorney managed and supervised from beginning to end. This attorney oversight and
supervision mitigates risk and ensures the avoidance of mistakes in the eviction process
and actions that can be deemed as wrongful eviction. Additionally, in the event an
eviction becomes a litigated matter, our team can see the litigation through with sound
legal advice and strategy.
Appellate Practice
Regardless of the substantive legal issues or practice areas, our appellate
attorneys have extensive appellate experience in all aspects of the appeals process in all
the jurisdictions in which we practice. Our appellate lawyers understand the rules
governing when appeals are permissible or mandatory, and what appellate briefs and
records must contain. In order to properly prosecute or defend an appeal, counsel
must be well versed at analyzing and summarizing the trial record and presenting the
record in a persuasive manner to ensure an effective appellate argument. It also should
be mentioned that appellate practice does not begin with a notice of appeal. The risk
adverse client is well served to have skilled appellate counsel involved at the trial level
as well to mitigate the risk of appellate issues and to ensure the proper handling of the
appeal. Our appellate lawyers have represented both bank and non-bank financial
institutions in diverse appellate issues impacting the financial services industry.
www.QPWBLAW.com Page 8
11. National Litigation and Loan Oversight Services
Through real world practical experience, the Business, Financial Services & Real
Estate team has seen first-hand the strategies that work and result in successful
outcomes for consumer loan litigation. As a result of this hands on experience, loan
servicers and private mortgage investment firms call on us to manage outside counsel,
provide oversight to servicers’ litigation departments, and to co-counsel with assigned
outside counsel in order to formulate and execute case strategies on both a loan level
and loan portfolio level. The National Litigation and Loan Oversight Services Team is
comprised of seasoned financial services litigation and transactional lawyers and non-
attorney professionals who have many years of prior executive level experience with loan
servicers. Companies that find themselves facing complex and high-risk litigation and
acquired loan pools that have been languishing without movement often do not have the
in-house resources to adequately address these resource exhaustive matters. In these
situations, our team’s resources, and practical experience from both the legal and
industry perspectives combine together to drastically cut asset recovery timelines
resulting in higher returns from a loan acquisition investment. The National Litigation and
Oversight Team can be engaged on project-based engagements or over an indefinite
period of time.
Residential Mortgage Backed Securities (RMBS) Transactional and Litigation Services
The lawyers involved in QPWB’s RMBS practice have had significant experience
as in house counsel in large investment firms and have worked as outside counsel in
handling transactions for leading firms in the RMBS industry. Additionally, our
transactional lawyers have the ability to draw on the experience of our financial services
litigation team who have prosecuted and defended claims arising from trade governing
documents on issues such as indemnity and repurchase. By leveraging our knowledge of
the mortgage industry, our practical litigation experience and knowledge of the
substantive laws controlling this area, we help to ensure that transactions are closed in
an efficient and crisis free manner. Our experience includes the following:
• Asset purchase and sale transactions for loan pools and MSR
• NPL asset purchases and sales agreements
• Servicing agreements
• Outsourcing agreements
• RESPA and CFPB compliant joint venture agreements
• Licensing applications and issues
• Vendor agreements
• Analysis of transactional documents and structure for the purpose of determining True
Sale status and issuance of True Sale opinion letters
www.QPWBLAW.com Page 9
12. Regulatory and Compliance Services
In the enforcement era, the need to be diligent in obtaining and implementing
advice for operational regulatory and compliance will only increase. In the wake of the
financial crisis, regulators have made it all too clear that financial institutions must
adhere to well-founded processes and policies that keep the consumer’s best interest
at the forefront. Current consumer protection based statutory schemes and regulations
are not forgiving and too often, once a violation or perceived violation takes place, the
only option is risk mitigation damage control.
In the current regulatory environment, avoidance of regulator scrutiny is a
must. The financial services attorney at QPWB can counsel and advise your
organization on compliance with all consumer protection federal statutory schemes as
well as similar statutes and regulations on the state level.
Our Regulatory and Compliance Services include the following:
• Conducting mortgage origination and loan servicing compliance audits and program
reviews
• Analyzing proposed transactions to ensure compliance and to issue opinions
• Representing financial services institutions in regulatory enforcement actions,
reviews, audits and investigations
Residential and Commercial Real Estate Transactions, Litigation and Development
Our real estate attorneys have significant experience in both transactional and
litigation matters arising out of or relating to real estate in both the residential and
commercial arenas. Our team includes lawyers that are board certified in Real Estate
Law and in Construction Law and have represented developers, bank and non-bank
lenders, hedge funds, national, regional and local builders, governmental entities and
political subdivisions, real estate investors and others engaged in the real estate
industry in a diverse range of real estate related matters throughout the years. Areas in
which we are frequently engaged, include the following:
• Real Estate Acquisition and Disposition
• Development
• Real Estate Litigation
• Development and Construction Lending
• Title Insurance Matters
• Commercial Leasing (Landlord and Tenant)
• Land Use and Zoning
www.QPWBLAW.com Page 10
13. Title Insurance & Escrow Services
QPWB provides its title insurance and escrow services through its multi-state
licensed title agency, Attorneys’ Title Services, LLC www.attorneystitleservices.us (ATS).
ATS handles all aspects of title insurance and closings, residential re-sales, commercial
re-sales, builder development transactions, residential and commercial re-finances, title
curative, and all aspects of default related title services including title search reports
throughout the United Stated and REO closings. Additionally, the team at ATS can be
relied on as a strategic partner in forming your own compliant joint venture title
operation for increased vertical integration of your organization.
Business and Commercial Litigation
QPWB was built on litigation and trial practice. Therefore, the litigation roots of
the firm carry over into the Business, Financial Services & Real Estate Division. Our
litigators are skilled in their craft and have significant jury trial experience on both the
state and federal level and in arbitrations throughout the entire geographic footprint of
the firm. Our litigators work with our lawyers in the firm’s other practice areas,
including financial services, real estate, construction, premises liability, employment and
ERISA, environmental, and intellectual property. This multidisciplinary approach
provides for a collaborative effort to establish winning strategies for successfully
prosecuting or defending the business interests of our clients. Our litigators have
specific experience in class actions and national multi-jurisdictional litigation; high value
contract litigation, including substantive issues arising from real estate development,
financial services businesses, construction claims, shareholder, partner and member
disputes, insurance coverage issues, and defending alleged business torts, and
deceptive and unfair trade practices claims.
www.QPWBLAW.com Page 11
