HOME  |  LINKS  |  CONTACT
ABOUT BWMW OUR ATTORNEYS COLLECTIONS FORECLOSURE BANKRUPTCY LITIGATION REAL ESTATE
 
Litigation - Protecting your assets
Bishop, White, Marshall & Weibel, P. S.
LITIGATION OVERVIEW
 
Word document DOWNLOAD A BROCHURE

CONTACT US FOR INFORMATION
 
At Bishop, White, Marshall & Weibel, our team of experienced attorneys represents clients in a wide variety of contested matters in residential and commercial real estate, foreclosure, escrow, title insurance, mortgage lending, servicing, collection and related fields. Our commitment to full service means that we'll handle the cases that must proceed to trial, as well as appeal when required.

We represent plaintiffs and defendants in disputes between companies and their customers, as well as complaints and investigations initiated by government agencies. We also have significant experience in business-to-business disputes.

Whether you need to resolve an isolated matter or require the full complement of our services as your continuing counsel, we'll work closely with you to analyze your risks and your potential exposure to liability.

A comprehensive portfolio of success
Over the years, Bishop, White, Marshall & Weibel has successfully represented lenders and others in all types of lawsuits relating to real property and credit, including:
  • Disputes among sellers, purchasers, lenders, and real estate brokers and agents
  • Alleged violations of the Fair Debt Collections Practices Act and the Fair Credit Reporting Act
  • Privacy issues
  • Claims involving fraud and misrepresentation
  • Priority disputes between secured lienholders
  • Neighbor disputes concerning boundary and access rights

Our attorneys defend and prosecute claims on behalf of lenders, title insurers, escrow companies, credit card issuers, consumer finance institutions, credit unions, and mortgage brokers in state and federal courts and in numerous arbitrations and mediations.

We can resolve and, when necessary, litigate claims that affect marketability of properties owned after foreclosure, such as encroachment, title, and access issues. We defend lenders in claims relating to origination and servicing issues, such as those involving RESPA/TILA as well as "predatory lending." We also represent lenders in drug forfeiture/seizure actions in both federal and state courts.

Resolution of Foreclosure and Collection-related disputes
For Collection related issues, we handle a variety of claims that may arise and complicate a standard collection case. These include claims asserting violations of privacy rights, the Fair Debt Collections Practices Act, and the Fair Credit Reporting Act.

For Foreclosure related issues, we handle a variety of claims related to enforcement of a secured interest against real property. This includes judicial foreclosures, actions to restrain a sale, receiverships and other lawsuits to enforce a defective lien.

Our handling of litigation reflects not only our experience but also our understanding of the impact a non-performing asset-be it a derailed foreclosure or a property in REO-can have on you.

A thorough understanding of insurance issues
For issues relating to insurance, we pride ourselves on our thorough working knowledge of title insurance coverage, policy interpretation issues, and general claims defense.

This includes dealing with a variety of restrictions on real property, boundary disputes, encroachments, encumbrances, lien foreclosures, subdivisions, priorities, and covenant disputes. In all situations, we strive to resolve the case, or move it forward to litigation, as quickly as possible, to the ultimate benefit of our clients.


Litigation Attorneys
William L. Bishop, Jr.
Ann T. Marshall
David Weibel 
Barbara L. Bollero