Services

Mortgage Default Services
Litigation Services
Commercial Real Estate Services
Residential Real Estate Services
National Eviction Services
Regulatory Compliance
Home/Condo Owners Associations 
Mortgage Default Services
Residential Foreclosure
Aldridge Pite’s foreclosure practice is structured to provide services within all Fannie Mae, Freddie Mac, VA, FHA, and private investor timelines, and comply with all applicable fee guidelines associated therewith. Aldridge Pite represents loan servicers, lenders and investors in non-judicial and judicial foreclosures. The Firm employs proprietary systems and technology to further its ability to provide superior service. The Firm is well-versed in the utilization of LoanSphere, Vendorscape, Equator, and Tempo, as well as many other mortgage default servicing systems and can, at the option of its clients, bill for services rendered using the Invoice Management, IClear or other online billing systems. Aldridge Pite ensures all statutory compliance and works with its clients to review processes and procedures as case law and statutory schemes change. Specifically, Aldridge Pite’s attorneys have extensive experience in the following foreclosure related areas:
  • Non-judicial Foreclosures
  • Judicial Foreclosures
  • Personal Property Foreclosures
  • Title Claim and Curative Actions
  • Payment Disputes
  • Loss Mitigation, Home Retention and Alternatives to Foreclosure
  • Forbearance Agreements
  • Short Sales
  • Deeds in Lieu of Foreclosure
  • Confirmations and Deficiency Actions
  • Resolution of Issues Related to Foreclosures of Manufactured Homes
  • Disposition of Excess Proceeds Resulting from a Foreclosure Action
  • Receiverships
  • Senior Lien Monitoring; Second Mortgage Bidding; and Senior Payoffs/Satisfactions
  • Mediation and Alternative Dispute Resolution
  • Wrongful Foreclosure Defense 
Evictions
In light of the many state and federal regulations governing eviction actions, as well as existing federal regulations affecting the eviction process, such as the Servicemembers Civil Relief Act and the Protecting Tenants at Foreclosure Act, Aldridge Pite takes a proactive and cautious approach in handling all eviction matters. Having attorneys and paralegals well-versed in how to handle all eventualities in the process, including potential defenses and counterclaims, ensures that a client’s eviction action is executed smoothly with minimal legal or reputational risk.
Aldridge Pite’s professionals focus on the timely and effective initiation of eviction proceedings and ensure that all steps in the eviction process are completed in a efficient fashion. On each eviction, a member of our staff keeps a timeline tracking the exact date each step in the process should be completed. Through proactive timeline management, our staff knows exactly when to contact the clerk, judicial assistant and/or sheriff to confirm a default or that an order has been entered or the writ has been executed. We are also experienced in “cash for keys” negotiations and properly documenting such agreements. 
Bankruptcy
Aldridge Pite’s Bankruptcy Department provides comprehensive legal representation for creditors affected by consumer and commercial bankruptcy filings, both locally and nationally. Our bankruptcy attorneys are recognized as leaders in the bankruptcy community and frequently participate in presentations and training programs for clients, industry leaders, trustees and other bankruptcy attorneys. Additionally, we provide custom reporting to our clients to assist in the efficient administration of their bankruptcy portfolios. 
Our goal is to ensure that our clients’ interests are fully protected within the context of the bankruptcy. Our bankruptcy legal services include, but are not limited to: 
  • Complex Chapter 11 representation involving multi-family, office and industrial properties
  • Prosecution and defense of Adversary proceedings
  • Cram Down defense
  • Preparation and filing of Proofs of Claims in every jurisdiction in the United States. (Aldridge Pite maintains national, jurisdictional matrices that provide specific requirements for each court and which note all trustee preferences and any local rules.)
  • Defending Objections to Proofs of Claim
  • Plan analysis and recommendations to determine the treatment of our client’s interest in either the plan of reorganization or statement of intentions. If an objection is recommended, our clients are provided with a full analysis.
  • Review and preparation of reaffirmation agreements both locally and nationally
  • Analysis of debtor’s bankruptcy statements and schedules to insure that debtor has complied with the requirements of the Bankruptcy Code and Rules with regard to disclosure of assets and liabilities
  • Motions, adversary actions, and other contested matters
  • Dischargeability litigation
  • Responses to QWRs
  • Monitoring and managing clients’ bankruptcy portfolios on a national basis
  • Tracking court decisions, local rules and general orders on a national basis
  • Preferential Treatment/Fraudulent Transfer Representation
Loss Mitigation
In order to reduce financial losses sustained by our clients, Aldridge Pite provides loss mitigation and home retention services on pre-foreclosure, active foreclosure and pending bankruptcy cases. We utilize a suite of loss mitigation alternatives, including a variety of home retention options, as well as several non-retention opportunities. The most frequently implemented options are:
Retention Options: 
Repayment Plan 
This option is offered when the borrower has the ability to repay the arrears over a specified period of time. The Repayment Plan involves a down payment (a portion of the amount in arrears) and spreads the remaining arrears equally over a 6-12 month period. We draft the repayment plans and remit to our client upon receipt of the down payment and executed agreement. 
Loan Modification 
A loan modification is used when our client is willing to modify the original terms and conditions of the security deed by capping the arrearage and amortizing same over the remaining loan term. This option may include an extension of the original maturity date and a possible reduction of the interest rate. Aldridge Pite collects and analyzes financial information from the borrower and submits the package with a recommendation to our client. With prior approval of our client, we can complete the modification by drafting the appropriate loan modification documents. 
Bankruptcy Loss Mitigation 
Aldridge Pite also offers loss mitigation options during active bankruptcy. We can solicit a debtor’s attorney during an active bankruptcy at the time of post-petition default or dismissal proceedings. Once we receive the attorney’s consent to work with the borrower/debtor directly, we collect financial information from borrower/debtor and monitor relief from bankruptcy (i.e. relief from stay, dismissal, motion to incur debt, motion to modify loan). Once approval is granted from our client, we then monitor the bankruptcy status for release and coordinate execution of the appropriate modification documents. 

Non-Retention Options: 

Short Sale 
Also known as pre-foreclosure sale or pre-sale, this alternative is introduced when our client is willing to accept reduced compensation (i.e. less than total payoff) on the loan. Aldridge Pite collects the pertinent information (e.g. listing agreement, purchase and sales agreement, and appraisal information) from the borrower and then submits viable packages to our client for review and approval. We thereafter act as a liaison between our client and broker. 
Deed in Lieu of Foreclosure 
This alternative is available when the borrower desires to relinquish the property to our client in lieu of a foreclosure sale. This option is available only under certain circumstances and guidelines. Aldridge Pite furnishes proof of the borrower’s attempts to market the property for 90 days and proof of clear title. Note: this option is only available when there is only one mortgage or lien on the property. 
Custom-Tailored Programs 
Our Firm specializes in creating custom-tailored loss mitigation programs to fit the particular needs of a client’s portfolio. In creating these programs, we provide services including:
  • Logic to determine preferred type of solicitation
  • Menus of custom solicitation letters
  • Workout documentation
  • Electronic transmission of workout packages
  • Monitoring and reporting results of loss mitigation
  • Integration with foreclosure and bankruptcy workflows
All custom-tailored programs work in conjunction with the servicer’s system and reporting infrastructure. 
Litigation Practice Groups
Aldridge Pite’s Litigation Practice Groups represents mortgage lenders and loan servicers in all manners of commercial and residential litigation involving mortgage lending and real estate, with a particular emphasis on those matters arising during the course of the mortgage origination, servicing, and default processes. With more than eighteen plus average years in the industry, the Firm and its attorneys are strongly positioned to employ their litigation expertise with respect to all such industry matters. 
The Firm practices in all federal and state courts in Alabama, Alaska, Arizona, California, Florida, Georgia, Hawaii, Idaho, Nevada, New Mexico, New York, Oregon, Texas, Utah and Washington well as many other federal courts around the country. Representative cases we handle include:
  • Commercial foreclosure, restructuring and workouts
  • General and complex litigation
  • Regulatory compliance issues (TILA, RESPA, FDCPA, HAMP, QWR, CFPB, etc.) and related litigation
  • Mortgage fraud litigation
  • Mortgage fraud prevention, loss mitigation, and asset recovery
  • Defense of wrongful foreclosure and eviction actions
  • Receiverships
  • Landlord/Tenant litigation
  • Protecting creditors’ rights in Chapter 7, 11, 12, and 13 bankruptcy matters, including adversarial proceedings
  • Civil trial and appellate practice in state and federal court
  • Title insurance claims and claims pursuant to Closing Protection Letters
  • Title curative litigation
  • Reformation and declaratory actions
  • Contract and agency disputes
  • Quiet title cases
  • Equitable subrogation cases
  • Boundary and survey disputes
  • Trespass, ejectment, encroachment, and private way claims
  • Covenant enforcement
  • Premises liability claims
  • Professional negligence claims against attorneys, examiners and appraisers
  • Judicial foreclosures
  • Confirmation of foreclosure sales/deficiency actions
  • Complex loss mitigation
  • Municipal and county disputes, including code violation and water lien resolution and litigation
  • Suits on notes
  • Condemnations
  • Forfeitures
  • Tax sales (redemption, application for excess proceeds, and related litigation)
  • HOA litigation
  • Personal property foreclosure
  • Representation in connection with Florida Estoppel and HOA issues
  • Claim and Delivery / Replevin Action
National Eviction Group
Aldridge Pite consistently takes a value-based approach to national eviction management. The Firm understands that it is incumbent upon the professionals managing these national eviction matters to quickly and cost effectively secure possession of the property, at all times minimizing the litigation and risk often associated with evictions.
The Firm utilizes a proprietary technology platform which enables our staff to comprehensively and efficiently manage the entire eviction process from initial tenant communication through vacancy. This system facilitates superior communication between our attorneys, paralegals, staff, local counsel and clients which results in the shortest eviction timeframes possible. Through our extensive reporting capabilities, all areas of performance by our staff and local counsel are monitored in order to identify any potential areas of concern before they become problems.
Our proprietary technology platform can import referrals directly from our clients’ systems or through separate data feed provided by our client. As referrals are received they appear on an Aldridge Pite paralegal dashboard. The paralegal will assign the file to one of our network of local counsel and will manage the eviction until the file is complete. We either utilize a client’s designated counsel or carefully choose local counsel from our network who consistently exceed industry standards. These local counsel undergo specific training to use our system to ensure effective management of the referrals they receive. Our local counsel work the files assigned to them via their dashboard which contains their assigned eviction matters as well as direct messages, instructions or reminders regarding their assigned files.
At any point during the eviction process, our paralegals, local counsel or our clients can view the complete, current status of the eviction. We currently utilize the USFN guidelines for the required state specific eviction actions and their due dates. Throughout the eviction action, each event is monitored to ensure that local counsel is completing the appropriate step in accordance with industry guidelines. Automatic reminder messages are sent to local counsel and the assigned Aldridge Pite paralegal whenever local counsel is required to take specific action in connection with any eviction matter. As events are completed, a new estimated completion date is calculated for the remaining events. Detailed chronologies of all events that have occurred during the eviction are tracked. In addition, requests for information or status updates can be sent to any contact via the Messages section.
With years of experience in this particular niche practice, Aldridge Pite is well-positioned to effectively manage evictions on a national basis.
Regulatory Compliance Practice Group
Aldridge Pite represents a broad array of regulated entities, including:
  • Banks & Bank Holding Companies
  • Credit Unions
  • Mortgage Lenders, Brokers, and Mortgage Loan Originators
  • Mortgage Servicers
  • Money Service Businesses
  • Merchant Acquirer Charters (GA)
The Firm recognizes the quickly evolving regulatory landscape of the financial services industry and is committed to serving its clients’ continually changing needs through the Firm’s Compliance Practice Group. We are uniquely positioned by virtue of our strategic expertise found in our partners, including Judy Newberry, former Deputy Commissioner and Chief Legal Officer of the Georgia Department of Banking and Finance, to help depository and non-depository financial institutions comply with state and federal law. In this transitional period for the consumer financial industry, Aldridge Pite may be relied upon to assist its clients with a pro-active approach to today’s ever-changing compliance demands. With a focus on the provision of on-demand services tailored to fit the particular compliance needs of our clients, we strive to keep our clients ahead of the ever-changing regulatory landscape. Services include, but are not limited to:
  • Development and Maintenance of Affidavit Template Libraries
  • Quality Control Reviews
  • 50 State Surveys
  • Licensing Projects
  • SCRA Compliance
  • Law/Regulatory Change Control
  • CFPB Compliance Reviews (Readiness and Gap Processes Reviews)
  • Development of Compliance Plans for remediation of issues and risks
  • FDCPA Compliance
  • TCPA Compliance
  • Best Practice Reviews
  • Legal/Regulatory Change Control Maintenance
  • Regulatory Exam/Audit Representation
  • Georgia SAFE Act issues and questions
  • Georgia Residential Mortgage Act (GRMA) issues and questions
  • Administrative Hearings representation and assistance
  • State Broker/Lender/Originator Licensing issues and questions
  • Financial Institution Administrative Order(s) issues and assistance
  • Comprehensive Consumer Complaint Management Programs
  • Compliance Training Development and Presentation
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Home Owners Associations / Condo Owners Associations Estoppel Mitigation and Litigation (FL)
Aldridge Pite has developed a unique specialty practice group in its Florida office pertaining to Florida Condominium and/or Homeowner Associations Estoppel mitigation and litigation. This group has proven wildly successful, saving the Firm’s clients millions of dollars since its inception.
Typically, when Borrowers stop paying their mortgages, they usually also stop paying their Condominium and/or Homeowner Association’s (“COA” and “HOA”) assessments resulting in sizable debts owed to the subject Association. Florida law provides that all subsequent owners are jointly and severally liable with the previous owner for all unpaid assessments that came due up to the time of the transfer of title. However, Florida law also carves out an exception to the general rule only available to a first mortgagee, its successor or assignee acquiring title to a unit by foreclosure or by a deed in lieu of foreclosure. This exception is commonly referred to as the Florida “Safe Harbor.” As a result of the financial instability of these HOA’s/COA’s in Florida, few HOAs/COAs honor Safe Harbor in making Estoppel demands upon foreclosing Lenders and Servicers. As a result, Lenders and Servicers selling their foreclosed REO properties have millions of dollars each year hanging in the balance depending on their ability to recognize and require HOAs/COAs to honor their entitlement to the Florida Safe Harbor.
Aldridge Pite is the industry pioneer and leader in compelling compliance with Florida’s Safe Harbor. It is with a sound understanding of Florida’s statutes and case law that we confront, combat, and defeat both the most common and the most complex arguments made by HOAs/COAs in the courts around Florida. The Firm’s aggressive and innovative programs and tested litigation strategies have saved our clients in excess of $20 million dollars since the program’s inception. With an average turn time of fifteen days on non-litigated files, annual return on investment (ROI) of more than 875%, and a projected increase to a Client’s bottom line of more than $5 million annually (based on approximately 350 annual referrals), Aldridge Pite has turned an otherwise uncontested corporate expense into a legitimate profit center by significantly increasing a Lender’s/Servicer’s realized proceeds (net of the reduced Estoppel demand which must be paid prior to sale of the REO asset) on every Florida REO sale. 
Aldridge Pite welcomes the opportunity to meet with our clients at any time to dispel many of the common myths surrounding this specialized practice area and walk through the ROI which may be available based on a particular clients product mix and referral volume.