Legal actions tied to mortgage lending jumped by more than 40% in the third quarter based on the Mortgage Litigation Index report published this week.

Activity on more than 100 civil and criminal mortgage-related cases was tracked from July 1 through Sept. 30 by the report. The report was prepared together with Patton Boggs.

Activity leapt from the second quarter's 75 cases and was up similarly from the same period last year.

Cases involving investor actions taken as a result of alleged violations to the Securities Exchange Act of 1934 outnumbered all other types, although activity was lower than in the second quarter. Coming in next were actions related to foreclosures.

"In recent months, the focus of mortgage litigation has begun to transition from primarily consumer foreclosure disputes towards loan documentation and servicing issues," Patrick McManemin, a partner in Patton Boggs' Dallas office. "Therefore, an increase in residential note repurchase litigation from investors in securitization trusts and banks that face indemnity claims from government-sponsored enterprises should be expected. 

 

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