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AI & Technology Why Commonwealth Cost Calculator InsightsWhat the standard of care actually was.
Litigation support and testimony on underwriting standards, servicing conduct and compliance practice- from people who ran these functions, not from people who have read about them.
Underwriting · Servicing · Compliance practice · Forensic file review
Questions that turn on industry practice.
Most mortgage disputes come down to whether conduct met the standard of the time. Answering that requires someone who was doing the work then.
Underwriting standards
Whether a credit decision was reasonable under the guidelines and market conditions in force when it was made- judged on the file as it existed, not with the benefit of what happened afterwards.
Servicing conduct
Loss mitigation handling, borrower communication and whether servicing actions followed the applicable requirements and the servicer’s own procedures.
Compliance practice
What a reasonable compliance management system looked like at a given time, and whether an institution’s policies, testing and audit met it. Drawn from building these systems for lenders since 2008.
Forensic file review
Reconstructing what a file shows and when: which defect entered, at which step, and who had the information to catch it. The underlying analysis that opinion testimony has to rest on.
An honest read first.
An expert whose conclusion was decided before the review is worth very little under cross-examination.
Assess before we opine
We review the material and tell you what we actually think, including when it does not help your position. Finding that out early is considerably cheaper than finding it out at deposition.
Consulting or testifying
Engaged behind the scenes to help counsel understand the operational reality, or as a disclosed expert. The scope is agreed at the outset because it changes what is discoverable.
Analysis that supports the opinion
Conclusions grounded in the file, the guidelines in force and documented industry practice, so the basis can be shown rather than asserted.
Through to testimony
Report, deposition and trial as the matter requires, with the same person who did the analysis explaining it.
Operators, not career experts.
We underwrite, audit and build compliance programmes every day for lenders across the country. That current practice is what makes an opinion about the standard of care credible, and difficult to dismiss as theoretical.
Confidential initial discussion.
Tell us the question at issue and we will tell you whether it is one we can speak to, and what we would need to see.