Spencer R. Mobley

Associate

Spencer Mobley represents financial services clients throughout the country with a focus on resolving issues arising from the enforceability of mortgage liens and note obligations and borrower-driven litigation. He regularly provides counsel to lenders, mortgage servicers, and banks to help maximize recovery and mitigate mortgage loan losses through recoupment efforts involving title insurance, closing protection letters, mortgage insurance and the exercise of mortgage lien rights.

Due to the wide and varied nature of issues bearing on the validity, enforceability and priority of mortgage liens, Spencer takes a creative, solutions-based approach to each matter. Through negotiation and litigation of insurance and real property claims, he has helped clients recoup millions of dollars and resolved title issues to enable clients to exercise their lien rights. Through his involvement in the American Bar Association’s Title Insurance Litigation Committee, Spencer stays apprised of new developments in real property and title insurance law. He has also presented to the committee regarding title insurance issues from a lender’s perspective.

Spencer has defended lawsuits brought against mortgage lenders and servicers involving allegations of wrongful foreclosure, negligent loan servicing, deceptive trade practices and inaccurate credit reporting. In addition to financial services, he also maintains a general litigation practice, representing clients in products liability, construction defect and commercial disputes in litigation and arbitration proceedings.

Notable Matters

FV-I, Inc. v. Commonwealth Land Title Insurance Company, 14-cv-00455 (U.S.D.C. for the Middle District of Tennessee)
Obtained summary judgment in favor of the insured on breach of contract claim seeking recovery under a title insurance policy due to the closing agent’s failure to pay off a prior superior lien interest at closing.

Ocwen Loan Servicing, LLC v. Chicago Title Insurance Company, 2014-cv-244272 (Superior Court of Fulton County, Ga.)
Obtained summary judgment in favor of the insured on breach of contract and declaratory judgment claims seeking recovery under a closing protection letter and title insurance policy due to the closing agent’s failure to disburse loan funds in accordance with the lender’s closing instructions. The trial court awarded the insured damages due to the extinguishment of the insured mortgage by the prior lien holder’s foreclosure on the property.