Senior Counsel - Litigation
**Overview
** Are you ready to take your career to the next level? LoanCare, one of the top providers in the mortgage services industry, seeks an individual with a solid work history in the mortgage or real estate industry, to join our team as a Senior Counsel - Litigation. The ideal candidate will enjoy working with clients, both internal and external, be detail oriented, and is driven to meet tight deadlines in a fast-paced environment. If you are ready for a career and not just your next job, now is the time to join our team and become a part of something big
**Responsibilities
**
- Responsible for overseeing and managing Litigation related to our GSE loans from defaulted issuers, by supervising, coordinating and strategizing with outside counsel in connection with lawsuits and claims and providing complete transparency to the account owning GSE
- Advise senior executives on litigation strategies
- Supervise the work of other junior attorneys and paralegals
- Lead negotiations and revisions of renewing subservicing agreements with clients
- Manage all aspects of consumer finance litigation, including the selection and management of, and communication with outside counsel and administration and processing of outside counsel’s legal billing
- Lead presentations regarding periodic updates and risk reports to senior litigation counsel
- Provide legal advice to managers and supervisors and perform necessary research for guidance in operational processes and procedures
- Manage and oversee the responses to discovery requests, including e-discovery
- Review and provide guidance on subpoena duces tecum
- Assist internal business units with responses to information requests from external LoanCare clients
- Identify trends in litigation matters as well as borrower and/or regulatory complaints; communicating these trends to senior litigation counsel as well as internal business units; coordinating with operations in order to develop policies and procedures to remediate issues
- Provide support and assistance to Senior In-house counsel in responding to requests for legal advice and related assistance from internal business unit
- All other duties as assigned
**Qualifications
**
- Juris Doctor from an ABA accredited law school and state bar admission required
- 7+ years of experience in consumer/mortgage loan servicing litigation defense management
- Knowledge of mortgage origination, closing and servicing practices
- Knowledge of various types of mortgage loan products such as conventional, ARMs, HELOC, etc.
- Knowledge of loan documents (note, mortgage/deed of trust, etc.)
- Knowledge of Federal and State Consumer Finance Laws as well as Government Sponsored Entity Seller/Servicer Guidelines
- Knowledge of federal laws and regulations governing residential mortgages, including ECOA, FCRA, TILA, RESPA, and FDCPA and the ability to apply the requirements to business practices
- Experience in representing mortgage servicers against ‘consumer’ litigation claims involving such matters as privacy, contested foreclosures, FDCPA, FCRA, TILA, RESPA and other disputes under state and federal consumer protection laws
- Experience overseeing complex litigation
- Experience responding to discovery requests, including e-discovery
- Experience researching, interpreting, and articulating legal issues
- Experience working directly with management on residential mortgage default litigation issues
- Substantial experience delivering presentations to clients and executive management
- Strong legal research ability and familiarity with legal research tools (Westlaw or Lexis Nexis)
- Strong verbal and written communication skills
- Ability to maintain confidential and/or privileged information
- Ability to work independently, as well as, a team setting
- Ability to interpret and apply applicable laws and regulations
- Flexibility to simultaneously manage a wide range of projects and matters and meet deadlines in a changing and fast-paced environment
- Results driven, has an attention to detail and passion for driving best practices
**WORK FROM HOME
** **About Remote Employment …
** LoanCare provides virtual training and support so employees working from home can be successful. You will never be alone on your journey as you will connect through Teams video chat, so that you remain engaged and form relationships with your leadership team and coworkers. We offer online/remote Training, which is both dynamic and interactive, so you get the most out of the training opportunities. Our Training department also offers a large number of free on-demand online training courses that you can take to help you grow and expand your skills and knowledge.
As an added benefit for Remote Employees, we offer exciting engagement opportunities, such as fitness classes, contests and fun seminars/learning activities that you can participate in from the comfort of your own home.
We provide all of the necessary equipment; all you need to provide is a quiet, private place in your home and a high speed internet connection with a minimum network download speed of 25 megabits per second (mbps) and a minimum network upload speed of 10 mbps. Remote employees will be required to sign a Telecommuting Agreement in addition to the job description.
**Who We Are
** **About us …
** LoanCare is a leading national provider of full service subservicing and interim subservicing to the mortgage industry and has offered its expertise and best practices in providing servicing solutions for others since 1991. At the present time, LoanCare subservices over 1 million loans in 50 states. LoanCare has a seasoned loan servicing team with senior managers averaging nearly 30 years of experience in the mortgage and financial services industry.
LoanCare, its affiliates and subsidiaries, is an Equal Opportunity employer. All qualified applicants will receive consideration for employment without regard to race, color, religion, sex, age, disability, protected veteran status, national origin, sexual orientation, gender identity or expression (including transgender status), genetic information or any other characteristic protected by applicable law.
Essential functions are the basic job duties that an employee must be able to perform, with or without reasonable accommodation.
**WORK CONDITIONS
** Working conditions are normal for an office environment. Ability to attend work and be productive during normal business hours and to work early, late or weekend hours as needed for successful job performance. Over time required as necessary.
Essential functions are the basic job duties that an employee must be able to perform, with or without reasonable accommodation.
**Essential Functions
** Critical Thinking — Using logic and reasoning to identify the strengths and weaknesses of alternative solutions, conclusions or approaches to problems.
Reading Comprehension — Understanding written sentences and paragraphs in work related documents
English Language — Knowledge of the structure and content of the English language including the meaning and spelling of words, rules of composition, and grammar.
Speaking — Talking to others to convey information effectively.
Active Learning — Understanding the implications of new information for both current and future problem-solving and decision-making.
Active Listening — Giving full attention to what other people is saying, taking time to understand the points being made, asking questions as appropriate, and not interrupting at inappropriate times.
**Instructing — Teaching Others How To Do Something.
** Judgment and Decision Making — Considering the relative costs and benefits of potential actions to choose the most appropriate one.
Time Management — Managing one's own time and the time of others.
Writing — Communicating effectively in writing as appropriate for the needs of the audience.
Complex Problem Solving — Identifying complex problems and reviewing related information to develop and evaluate options and implement solutions.
Deductive Reasoning — The ability to apply general rules to specific problems to produce answers that make sense.
Problem Sensitivity — The ability to tell when something is wrong or is likely to go wrong. It does not involve solving the problem, only recognizing there is a problem.
Written Comprehension — The ability to read and understand information and ideas presented in writing.
Inductive Reasoning — The ability to combine pieces of information to form general rules or conclusions (includes finding a relationship among seemingly unrelated events).
Information Ordering — The ability to arrange things or actions in a certain order or pattern according to a specific rule or set of rules (e.g., patterns of numbers, letters, words, pictures, mathematical operations).
Near Vision — The ability to see details at close range (within a few feet of the observer).
Oral Comprehension — The ability to listen to and understand information and ideas presented through spoken words and sentences.
Oral Expression — The ability to communicate information and ideas in speaking so others will understand.
Speech Recognition — The ability to identify and understand the speech of another person.
Speech Clarity — The ability to speak clearly so others can understand you.
**PHYSICAL DEMANDS
** **Sitting up to 90% of time
** **Walking and standing up to 10% of time
** **Occasional lifting, stooping, kneeling, crouching and reaching.
** **EQUAL EMPLOYMENT OPPORTUNITY
** LoanCare, its affiliates and subsidiaries, is an Equal Opportunity employer. All qualified applicants will receive consideration for employment without regard to race, color, religion, sex, age, disability, protected veteran status, national origin, sexual orientation, gender identity or expression (including transgender status), genetic information or any other characteristic protected by applicable law.
