QPWB Brochure Presentation

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 andLitigation Services 9

Regulatory and Compliance 10

Residential and Commercial Real Estate Transactions, Litigation andDevelopment 10

Title Insurance and Escrow Services 11

Business and Commercial Litigation 11

V. Recent Attorney Published Articles 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

I. Introduction to the Business, Financial Services &

Real Estate Division

Quintairos, Prieto, Wood & Boyer, P.A. (QPWB) is a full service law firm withnineteen (19) offices strategically located throughout the United States and U.S. VirginIslands. Our Business, Financial Services & Real Estate Division (the “Division”) wascreated to focus on the wide range of legal issues impacting those businesses engagedprimarily 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 differentindustries and fields. Typical clients represented by the attorneys within the Divisioninclude but are not limited to, the following: mortgage loan servicers, student loanservicers, auto finance companies, real estate and development companies, mortgagelenders and originators, government sponsored enterprises, bank and non-bankfinancial institutions, and governmental entities and political subdivisions. Through theDivision, QPWB provides legal services in Business and Commercial Litigation, End toEnd Default Legal Services, Real Estate Transactions, Appellate Practice, NationalLitigation and Loan Oversight, Residential Mortgage Backed Securities, Regulatory andCompliance, 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 [email protected] or you can give him a call at (904) 226-3660.

www.QPWBLAW.com Page 1

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 thefirm’s general recruiting and interview process. The firm regularly participates inprograms and activities specifically geared to the recruitment, hiring and retention ofqualified minority attorneys.


II. Minority Certification (Continued)


III. Association Membership

The Business, Financial Services & Real Estate Division of QPWB is not onlyengaged in the practice of law impacting its clients, but its attorneys are also engagedin the industries in which its clients function. In order to fully understand the concernsfrom 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 thework that we as lawyers are asked to perform. Therefore, we are members of and takeactive roles in a number of professional and trade organizations that promote andprotect our clients’ respective industries. Some of these memberships include thefollowing:


http://www.americanbar.org/aba.html

http://www.americanbar.org/aba.html

http://www.alta.org/

http://www.alta.org/

http://www.mortgagediversitycouncil.com/

http://www.mortgagediversitycouncil.com/

https://www.mba.org/

https://www.mba.org/

http://www.legalleague100.com/

http://www.legalleague100.com/

III. Association Membership (Continued)


http://www.fivestarinstitute.com/

http://www.fivestarinstitute.com/

https://www.naiop.org/

https://www.naiop.org/

http://www.flta.org/

http://www.flta.org/

http://www.dri.org/

http://www.dri.org/

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 holdersthroughout the firm’s geographic footprint. Services include all areas of law that ariseand relate to end to end default legal services and creditor's rights. Regardless of thelegal issue, our team has both the ability and capacity to handle any issue that arises inthe life cycle of a defaulted loan facility. Our default legal services department hasbeen recognized by loan servicers and investors for outstanding performance and ourscore-cards support that we are among top performing firms in the jurisdictions inwhich we practice. Our default services team continues to evolve and grow as theindustry 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 arewell versed in all aspects of asset recovery. From the firm’s full service practice, theattorneys engaged in foreclosure services can draw on a cross section of years of legalexperience to address any issue or problem that may arise. As we all know, theprocess of prosecuting a foreclosure has changed. Our lawyers are prepared for andhave seen the foreclosure defense lawyer tactic "de jour". Legal experience and abilityhas never been more important and we have the experience to get results and recoveryour 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 theforeclosure defense bar. QPWB has a strict policy of ensuring that verified pleadingsand affidavits are carefully reviewed and given by the appropriate clientrepresentatives and further reviewed by the responsible counsel of record. QPWB alsoimplements strict, uniform, and centralized quality control procedures that provide fora smooth process when our clients’ vendor management or approval teams arerequired to interact with the firm’s various offices.


Mortgage and Consumer LitigationThe Division’s Mortgage and Consumer Litigation team represents bank and

non-bank clients throughout the United Stated in both the prosecution of high-risk andhigh-value loan enforcement cases and in the defense of claims arising out of thealleged violations of consumer protection based statutory schemes. Examples of theareas 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

BankruptcyOur bankruptcy and creditors’ rights attorneys provide representation in a

wide range of national bank, non-bank, and institutional clients. We representcreditors and only commercial debtors in bankruptcy proceedings, workouts, and debtrestructurings in federal and state courts across the United States and in foreignjurisdictions. Our team is experienced in all aspects of bankruptcy and creditors’ rightsrepresentation 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


REO Disposition Title ServicesThe 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 assistingits clients with the disposition and liquidation of REO inventory. Unlike many defaultservicing firms that have non-lawyers supervise such activities, ATS is attorney managedand supervised and actual attorneys examine and understand the title commitment andunderlying title evidence. This oversight and supervision is provided at the typicalmarket rates as other non-lawyer supervised or corporate owned title operations.

EvictionsEvictions are often overlooked as a high-risk area of the default legal process.

Unfortunately, underestimating this component of the process can not only beexpensive, but also result in the evicting party receiving unwanted negative publicity.The eviction lawyers within the Business, Financial Services & Real Estate Divisionprovide eviction services throughout QPWB’s geographic footprint and the process isattorney managed and supervised from beginning to end. This attorney oversight andsupervision mitigates risk and ensures the avoidance of mistakes in the eviction processand actions that can be deemed as wrongful eviction. Additionally, in the event aneviction becomes a litigated matter, our team can see the litigation through with soundlegal advice and strategy.

Appellate Practice

Regardless of the substantive legal issues or practice areas, our appellateattorneys have extensive appellate experience in all aspects of the appeals process in allthe jurisdictions in which we practice. Our appellate lawyers understand the rulesgoverning when appeals are permissible or mandatory, and what appellate briefs andrecords must contain. In order to properly prosecute or defend an appeal, counselmust be well versed at analyzing and summarizing the trial record and presenting therecord in a persuasive manner to ensure an effective appellate argument. It also shouldbe mentioned that appellate practice does not begin with a notice of appeal. The riskadverse client is well served to have skilled appellate counsel involved at the trial levelas well to mitigate the risk of appellate issues and to ensure the proper handling of theappeal. Our appellate lawyers have represented both bank and non-bank financialinstitutions in diverse appellate issues impacting the financial services industry.


http://www.attorneystitleservices.us/

National Litigation and Loan Oversight Services

Through real world practical experience, the Business, Financial Services & RealEstate team has seen first-hand the strategies that work and result in successfuloutcomes for consumer loan litigation. As a result of this hands on experience, loanservicers and private mortgage investment firms call on us to manage outside counsel,provide oversight to servicers’ litigation departments, and to co-counsel with assignedoutside counsel in order to formulate and execute case strategies on both a loan leveland loan portfolio level. The National Litigation and Loan Oversight Services Team iscomprised of seasoned financial services litigation and transactional lawyers and non-attorney professionals who have many years of prior executive level experience with loanservicers. Companies that find themselves facing complex and high-risk litigation andacquired loan pools that have been languishing without movement often do not have thein-house resources to adequately address these resource exhaustive matters. In thesesituations, our team’s resources, and practical experience from both the legal andindustry perspectives combine together to drastically cut asset recovery timelinesresulting in higher returns from a loan acquisition investment. The National Litigation andOversight Team can be engaged on project-based engagements or over an indefiniteperiod of time.

Residential Mortgage Backed Securities (RMBS) Transactional and Litigation Services

The lawyers involved in QPWB’s RMBS practice have had significant experienceas in house counsel in large investment firms and have worked as outside counsel inhandling transactions for leading firms in the RMBS industry. Additionally, ourtransactional lawyers have the ability to draw on the experience of our financial serviceslitigation team who have prosecuted and defended claims arising from trade governingdocuments on issues such as indemnity and repurchase. By leveraging our knowledge ofthe mortgage industry, our practical litigation experience and knowledge of thesubstantive laws controlling this area, we help to ensure that transactions are closed inan 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 letterswww.QPWBLAW.com Page 9

Regulatory and Compliance Services

In the enforcement era, the need to be diligent in obtaining and implementingadvice for operational regulatory and compliance will only increase. In the wake of thefinancial crisis, regulators have made it all too clear that financial institutions mustadhere to well-founded processes and policies that keep the consumer’s best interestat the forefront. Current consumer protection based statutory schemes and regulationsare not forgiving and too often, once a violation or perceived violation takes place, theonly option is risk mitigation damage control.

In the current regulatory environment, avoidance of regulator scrutiny is amust. The financial services attorney at QPWB can counsel and advise yourorganization on compliance with all consumer protection federal statutory schemes aswell 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 andlitigation matters arising out of or relating to real estate in both the residential andcommercial arenas. Our team includes lawyers that are board certified in Real EstateLaw and in Construction Law and have represented developers, bank and non-banklenders, hedge funds, national, regional and local builders, governmental entities andpolitical subdivisions, real estate investors and others engaged in the real estateindustry in a diverse range of real estate related matters throughout the years. Areas inwhich 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


Title Insurance & Escrow Services

QPWB provides its title insurance and escrow services through its multi-statelicensed title agency, Attorneys’ Title Services, LLC www.attorneystitleservices.us (ATS).ATS handles all aspects of title insurance and closings, residential re-sales, commercialre-sales, builder development transactions, residential and commercial re-finances, titlecurative, and all aspects of default related title services including title search reportsthroughout the United Stated and REO closings. Additionally, the team at ATS can berelied on as a strategic partner in forming your own compliant joint venture titleoperation for increased vertical integration of your organization.

Business and Commercial Litigation

QPWB was built on litigation and trial practice. Therefore, the litigation roots ofthe firm carry over into the Business, Financial Services & Real Estate Division. Ourlitigators are skilled in their craft and have significant jury trial experience on both thestate and federal level and in arbitrations throughout the entire geographic footprint ofthe firm. Our litigators work with our lawyers in the firm’s other practice areas,including financial services, real estate, construction, premises liability, employment andERISA, environmental, and intellectual property. This multidisciplinary approachprovides for a collaborative effort to establish winning strategies for successfullyprosecuting or defending the business interests of our clients. Our litigators havespecific experience in class actions and national multi-jurisdictional litigation; high valuecontract litigation, including substantive issues arising from real estate development,financial services businesses, construction claims, shareholder, partner and memberdisputes, insurance coverage issues, and defending alleged business torts, anddeceptive and unfair trade practices claims.


http://www.attorneystitleservices.us/

V. Recent Attorney Published Articles


VI. Office Locations

Business Financial Services and Real Estate DivisionPhone: (855) 287-0240For all office locations


VII. QPWB Contact

Choose Experience&

Get Results

Michael J. Barker, Esq.| [email protected]

One Independent Drive, Suite 2902Jacksonville, FL 32202

Phone (855) 287-0240 | Cell (904) 226-3660


QPWB Brochure Presentation

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