Fraudulent Practices in Mortgage Servicing – When Clients with Clean Hands are Falsely Accused of Mortgage Default

Product not yet rated

Includes a Live Web Event on 04/16/2026 at 2:00 PM (EDT)

Sometimes the best defense is offense! This is why a Counterclaim – not just an Answer and Affirmative Defenses – may be the right strategy when a client with clean hands has been sued (or is being threatened with a suit) for foreclosure. This is especially true when going on the offensive allows for prevailing party attorneys’ fees.

To put the scale of foreclosure related filings into perspective, a recent Year-End 2025 U.S. Foreclosure Market Report reflected over 350,000 reported foreclosure filings— default notices, scheduled auctions, and bank repossessions —on U.S. properties in 2025, up 14% from 2024 and up 3% from 2023. However, not every foreclosure filing is supported as many borrowers can show that they were never truly in default (i.e. the borrower has Clean Hands).
Related, the volume of mortgage servicing transfers of unpaid principal loan balances (in dollar terms) occurring between banking/financial institutions in 2025 has been reported to be in hundreds of billions of dollars. However, when a mortgage is transferred, the banking/financial institutions are required to “board” the loan, which is a process of loading and validating all mortgage data from one company or system to another. But, too often, the boarding process goes awry, leading to the banking/financial institution(s) being unable to prove its claim of default against the borrower. When this happens, it is the bank/servicer that may be the actual party in breach of the loan documents.
So, are you ready to equip yourself with the tools needed to identify potential violations and take action against fraudulent practices in mortgage servicing?

What You Will Learn:
• How to identify wrongful claims of foreclosure or default
• How to bring offensive claims against the banks, lenders, investors and/or mortgage servicer(s)
• What are the causes of action that may permit recovery of prevailing party attorneys’ fees.

Geoffrey Stahl

Geoff Stahl has extensive litigation experience in both class actions as well as representation of individuals. Through the years, Geoff has gained a reputation for handling complex civil and commercial litigation, banking and finance disputes, consumer fraud and protection issues, as well as insurance coverage disputes and litigation related to contractual and statutory interpretations and violations, to name a few. Geoff also works very closely with appellate lawyers for cases appealed. When not fighting for justice or participating in the community, Geoff loves spending time with his wife and three daughters. He’s also a proud Dolphins, Marlins, Panthers, and Heat fan!