Recent Briefing Explores Foundational Default Servicing Issues and Challenges to Help Newer Attorney
By Quinn W. Gray, Esq.
Trott Law, P.C. *
USFN Member (IN, MI, MN)
Starting out as a new attorney in the default servicing industry can be intimidating. The practice comes with its own terminology, procedures, and nuances, and it can be difficult to know where to begin. Attorneys mentoring those new to the industry may also need guidance on how best to support their mentees as they navigate the learning curve.
In a recent panel discussion, USFN tackled foundational issues attorneys new to the industry face, from understanding documents to managing client expectations and difficult borrowers. The recent Briefing, First-Timers Club: Real-World Lessons from the Front Lines of Default Servicing, featured attorney panelists Amanda Driscole of Brock & Scott PLLC, Christianna Kersey of Cohn, Goldberg & Deutsch, LLC, Justin Ortega of AD Mortgage, and Richard Haber of McCalla Raymer Leibert Pierce, LLP. It was moderated by Quinn Gray of Trott Law.
To begin the session, the panel identified the most important things to learn first. At the top of the list were the fundamental loan documents. Notes, mortgages, and assignments. Developing a strong understanding of these documents should be a priority for those new to the industry.
Beyond loan documents, recognizing title issues and understanding how bankruptcy can impact a file are critical. It is also important to develop an understanding of the structure of the industry and jurisdictional nuances that can affect how a matter is handled.
As any experienced attorney in default servicing can attest, the practice can be incredibly complex. Developing expertise takes time, but staying curious and asking questions when you are unsure will put you miles ahead of those simply going through the motions.
Next, the discussion turned to administrative issues. Missing a hearing or running late can feel like the end of the world. With many proceedings now taking place remotely, technology issues can derail even the simplest of motions. Calling the court clerk and opposing counsel may bail you out of a sticky situation, but when you make a mistake or something outside of your control goes wrong, you need to address it.
Panelist Richard Haber shared an important piece of advice for these situations – something he often tells his children. “Don’t make the cover up worse than the crime.”
The first thing you should do is reach out to a supervising attorney and explain what happened. From there, the mistake should be communicated to the client. How you communicate with clients is an important skill to master and there are four things you should always consider.
First, be clear and direct. Lead with the main issue, keep things organized, and don’t try to hide the ball.
Second, understand your audience. Generally, your client will not be a lawyer, meaning you should use plain English. Taking a moment to ask yourself, “What does this mean to the client?” can also prevent you from wasting time overexplaining an issue.
Third, manage expectations. Never promise a result. If the issues you are handling were clear, you wouldn’t be involved. Communicating uncertainty and allowing the client to evaluate their options is key.
Finally, be responsive. Even if you don’t have the answer right away, letting the client know you received their message and are working through the question can often, at least temporarily, put the client at ease.
The panel also explored issues involving communication with borrowers, compliance, and professional risk. Becoming familiar with the basics of the Fair Debt Collections Practices Act (FDCPA) is an ideal place to start. The FDCPA is a federal law that generally regulates how debt collectors may communicate with consumers and prohibits abusive, deceptive, and unfair practices.
In many other areas of law, attorneys don’t routinely communicate directly with opposing parties. Default servicing is different. Whether a borrower contacts you via phone, email, or in person, the most important thing to remember is to never provide legal advice.
Explaining why you have been retained and what the claims are can sometimes settle down the conversation. When in doubt, it is best to reach out to a supervising attorney and tell the borrower you will get back with them. However, no matter what you do or how nice you are, there will eventually be complaints.
If you haven’t experienced the dread of receiving your first bar complaint or being named in a lawsuit, it’s coming. When it happens, notify your supervising attorney and follow their guidance on how to respond. Given the nature of the industry, you are going to deal with borrowers who feel mistreated, angry, and scared. The stress of default can put people in a tough position, and their frustration will often be pointed at you. If that frustration ever rises to the level of a threat, your safety comes first. Contact the police if needed and notify your supervising attorney.
Finally, the discussion wrapped up with handling challenges in the courtroom. Getting comfortable in court will take time. Different courts, different judges, different protocols — it can be a lot. The best plan is to be prepared for each hearing. If you litigate, you’ll have to adjust on the fly, whether it’s because of witness issues, inadmissible exhibits, or new information being conveyed right before you walk into the courtroom. Remember to be flexible. Staying prepared and adjusting when needed will help you not only in the courtroom, but throughout your career.
To watch a recording of the Briefing or to download slides, visit https://www.usfn.org/news/first-timers-club.
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USFNews - October 7, 2026
* Denotes firm is a 2024 USFN Award of Excellence recipient.