Attorneys

Managing Member, AMLG

Novato, California
(415) 878-0030 x151
jbrody@americanmlg.com
Contact James

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Education

Drake University (B.A., 1997)
McGeorge Law School (J.D., 2000)


Practices

Mortgage Repurchase and Indemnification Defense & Workout
Litigation
Regulatory Compliance & Examinations
White Collar Defense


Bar Admissions

California


James W. Brody

As a Founding and Managing Member, Mr. Brody actively manages all the complex mortgage banking litigation, mitigation, and compliance matters for the American Mortgage Law Group, P.C. (“AMLG”) and its diverse clientele (e.g., national mortgage lenders, warehouse lenders, secondary market investors, loan servicing companies, Wall Street banking firms and insurers). Being one of AMLG’s founding attorneys, Mr. Brody has been instrumental in the firm’s development and in its continued success.

Mr. Brody has successfully resolved hundreds of mitigation and litigation cases that involve complex mortgage fraud schemes, as well as large-scale repurchase and/or make-whole disputes. Mr. Brody’s experience centers on those legal issues that arise during and through loan originations, loan purchase sales, loan securitizations, foreclosures, bankruptcy actions, and repurchase and indemnification claims.

Mr. Brody received his B.A. in International Relations from Drake University in 1997. He received his J.D., with a certified concentration in Advocacy, from the University of the Pacific, McGeorge School of Law in 2000. Mr. Brody also earned a Certificate of International Legal Studies in 1999. While in law school, Mr. Brody was a member of the McGeorge National Moot Court Team and participated in McGeorge’s Business Law Forum. He was a recipient of the American Jurisprudence Bancroft-Whitney Award and the Adrian and Annebel McGeorge Academic Achievement Scholarship.

Mr. Brody is licensed to practice law in California and has been admitted to practice in front of the United States District Courts for the Central, Eastern, Northern, and Southern Districts of California. In addition, Mr. Brody has served as lead litigation counsel for numerous mortgage banking and commercial related disputes venued in both state and federal courts, in a direct capacity or on a pro hac vice basis, in AZ, CA, FL, MD, MI, MN, MO, OR, NJ, NY, PA, TN, and TX.

Mr. Brody has made numerous media appearances and industry presentations regarding the prevention, detection, and resolution of mortgage fraud matters. Mr. Brody continues to be a featured speaker in the area of repurchase and make-whole claims, mortgage banking litigation, and regulatory compliance matters.

Interviews

“Let the Borrower Beware,” Orange County Register, Orange, CA (Apr. 2, 2007).

Conference Presentations

“Top Ten Trends in Mortgage Fraud Schemes: What to Look For,” California District Attorneys’ Association, San Francisco, CA (Nov. 13-15, 2006).

“Update on Mortgage Fraud Laws,” MBA National Fraud Issues Conference, San Diego, CA (Mar. 8-9, 2007).

“Technological and Legislative Approaches to Protecting Your Company Against Mortgage Fraud,” MBA Legal Issues/Regulatory Compliance Conference, New Orleans, LA (May 6-9, 2007).

“Top Ten Trends in Mortgage Fraud Schemes: What to Look For,” American Conference Institute Conference, Las Vegas, NV (Oct. 5, 2007).

“Property/Appraisal Issues & Case Study,” MBA Repurchase Workshop 2010, Chicago, IL (June 24, 2010).

“Loan Repurchase Buyback Session,” Community Mortgage Banking Project, Rolling Meadows, IL (Dec. 10, 2010).

“Loan Repurchase Strategies,” Lenders One, Clearwater, FL (Mar. 22, 2011).

“CMBP Buyback Defense Roundtable,” Community Mortgage Banking Project, Irvine, CA (June 24, 2011).

“Loan Originator Liability,” TPG, Walnut Creek, CA (Aug. 22, 2011).

“Buyback Defense – What to do If the FDIC Calls,” Community Mortgage Banking Project, Alexandria, VA (Sept. 15-16, 2011).

“CMBP Buyback Defense Roundtable,” Community Mortgage Banking Project, Dallas, TX (Jan. 17, 2012).

“Repurchase and Indemnification Demands: How to Respond, How to Defend, How to Negotiate,” Texas Mortgage Bankers Association Southwest Secondary Marketing Conference, The Woodlands, TX (Jan. 18-19, 2012).

Lenders One Winter Conference, Huntington Beach, CA (Mar. 5-7, 2012).

“Navigating In This Era of Heightened Scrutiny and Regulatory Changes,” CMBA Western Secondary Conference, San Francisco, CA (July 10, 2012).

Richey May & Co., Mortgage Banking Executive Roundtable, Denver, CO (Aug. 2, 2012).

“Repurchase Demands and the Mortgage Banking Landscape,” CMLA General Conference, Denver, CO (Aug. 5, 2012).

Lenders One Summer Conference, Chicago, IL (Aug. 6-8, 2012).

Realty Alliance Mortgage Conference, New Orleans, LA (Sept. 20, 2012).

“Repurchases – Defending Your Company,” MBA Independent Mortgage Conference, Dallas, TX (Nov. 7, 2012).

“Agency and Investor Repurchase and Indemnity Claims in 2013 and Beyond,” Lenders One Winter Conference, Orlando, FL (Mar. 4-6, 2013).

“Responding to and Reducing Repurchase Claims in 2013 and Beyond,” MBA Fraud Conference, Hollywood, FL (Apr. 16, 2013).

“Compliance 2013: Repurchase Demand, CFPB Audits and Fraud Recovery,” AMLA Annual Conference, Tucson, AZ (June 9-11, 2013).

“Responding to and Reducing Repurchase Claims in 2013 and Beyond,” CMLA General Session, Boston, MA (Aug. 5, 2013).

“Mortgage Repurchase and Indemnity Claims: The Latest Tips and Trends to Enhance Your Ability to Successfully Resolve Claims,” CMBA Western Servicing Conference, Las Vegas, NV (Aug. 6, 2013).

MBA Regulatory Compliance Conference, Washington, D.C. (Sept. 29-Oct. 1, 2013).

“The Genesis and Evolution of the Representations and Warranties Framework:
Tips and Trends to Successfully Resolve Repurchase Disputes Now and in the Future,” MBA Independent Mortgage Bankers Conference, Miami, FL (Dec. 6, 2013).

“The Latest Strategies and Tips to Resolve Repurchase Claims, Deal with Third Parties, and Handle the Current Compliance Landscape,” Realty Alliance Conference, San Juan, PR (Feb. 5, 2014).

“Deep Dive: False Claims, Indemnifications and Repurchase,” MBA Legal Issues and Regulatory Compliance Conference, San Diego, CA (May 6, 2014).

“Current Developments in Mortgage Repurchase Defense,” MBA Regulatory Compliance Conference, Washington, D.C. (Sept. 28-30, 2014).

“Emerging Trends in CFPB and Enforcement,” MBA Independent Mortgage Banker’s Conference, Coronado, CA (Dec. 3-5, 2014).

“Regulatory Issues: CFPB Enforcement and the Importance of Recognizing Compliance Risks,” The Mortgage Collaborative 2015 Winter Conference, Scottsdale, AZ (Feb. 10, 2015).

“Vendor Management: Planning for Successful Compliance,” Capital Markets Cooperative Annual Summit, Amelia Island, FL (Mar. 9-11, 2015).

“The Current Wave of Lender-Placed Insurance Litigation and Enforcement,” ACI’s 17th National Forum on Residential Mortgage Litigation & Regulatory Enforcement, Washington, D.C. (May 1, 2015).

“Recent CFPB Enforcement Actions: Focus on RESPA and UDAAP Violations,” Community Mortgage Lenders of America and National Association of Realtors co-hosted 2015 Mortgage Conference, Arlington, VA (June 3, 2015).

“Structuring Your Vendor Management Program,” ACI’s 18th National Forum on Residential Mortgage Litigation & Regulatory Enforcement, Dallas, TX (Sept. 17, 2015).

“Repurchase and Indemnification: The Current Non-Agency Litigation Landscape,” MBA Regulatory Compliance Conference, Washington, D.C. (Sept. 20, 2015).

“Key State-by-State Distinctions on Case Law, Litigation Trends, Homeowner’s Bill of Rights (and other statutes), Super Majority Liens, FHA Loans, Statute of Limitations, and the Duty of Care Owed by Lenders and Servicers,” ACI’s 19th National Forum on Residential Mortgage Litigation & Regulatory Enforcement, San Francisco, CA (Jan. 14, 2016).

“The Evolving Non-QM Market: Legal and Operational Risks,” The Mortgage Collaborative 2016 Winter Conference, Tucson, AZ (Feb. 22, 2016).

“Litigation and Mitigation Related Fraud Issues,” Georgia Real Estate Fraud Prevention and Awareness Coalition (GREFPAC) 12th Annual Conference, Atlanta, GA (Mar. 2, 2016).

“Enhancing Third-Party Vendor Management and Diligence Standards Over Service Providers in an Environment of Heightened Regulatory Expectations: A Practical Guide for Selection, Monitoring, Risk Management, Contracts and Exit Strategy,” ACI’s 20th National Forum on Residential Mortgage Litigation & Regulatory Enforcement, Washington, D.C. (Apr. 21, 2016).

“Recent FHA Developments” and “Looking Forward from the Broker/Lender Perspective: How Might Recent Agency Changes Affect the Future Repurchase Litigation Landscape,” MBA Legal Issues and Regulatory Compliance Conference, Denver, CO (May 3, 2016).

“How to Ace Your CFPB Exam: Examination Hot Topics & Areas of Focus,” RESPRO 2016 Fall Seminar, Washington, DC (Sept. 22, 2016).

“The Current State of Litigation Related to Repurchase/Indemnification Demands,” ACI’s 21st National Forum on Residential Mortgages, Dallas, Texas (Sept. 26, 2016).

“Compliance Checklists for CFPB Examinations,” ACI’s Forum on Mortgage Servicing Compliance, Washington, DC (Nov. 30, 2016).

“The Current State of Litigation Related to Repurchase/Indemnification Demands,” ACI’s 22nd National Forum on Residential Mortgage, San Diego, CA (Jan. 11, 2017).

“5 Most Common Loan Officer Compensation Questions,” TMC 2017 Winter Conference, Paradise Valley, AZ (Mar. 1, 2017).

 

Webinars

“Loan Repurchase Trends & Strategies,” American Mortgage Cooperative Webinar Presentation (Aug. 29, 2011).

“Repurchase Challenges,” Community Mortgage Lending of America Webinar Presentation (May 18, 2012).

“Crucial Counsel: Surviving the Make-or-Break Challenges Facing Lenders Today,” Community Mortgage Lending of America Webinar Presentation (June 29, 2012).

“Surviving Today’s Loan Buyback Challenges,” Mortgage Capital Trading Webinar: Repurchase Risk 2.0 (July 26, 2012).

“CFPB Mock Audits: 7 Modules to Better Lending Compliance,” Webinar Presentation, (Nov. 29, 2012).

“CFPB Mock Audit Module 1,” Webinar Presentation (Jan. 4, 2013).

“Mortgage Repurchase and Indemnity Claims: The Latest Tips and Trends to Enhance Your Ability to Successfully Resolve Claims,” Webinar Presentation (May 2013).

“Mitigating Loan Level Losses: Third Party Recovery Options and Avoiding Administrative Compliance Issues,” Webinar Presentation (June 21, 2013).

“Navigating Loan Originator Compensation: Changes under the New Final Rule and QM,” Webinar Presentation (June 27, 2013).

“Responding to and Reducing Repurchase Claims in 2013 and Beyond,” Webinar Presentation (June 2013).

“Dodd-Frank Implementation Readiness: Preparing your Company for 2014,” Webinar Presentation (Aug. 1, 2013).

“Repurchase and Make-Whole Defense,” Webinar Presentation (Sept. 5, 2013).

“Understanding Qualified Mortgage: Points and Fees Analysis & Temporary QM,” Webinar Presentation (Sept. 26, 2013).

“Enhancing HOEPA: The CFPB’s Changes to Regulations Z & X,” Webinar Presentation (Nov. 5, 2013).

“The Final Rules: Keeping Track of Regulatory Updates,” Webinar Presentation (Nov. 19, 2013).

“Mortgage Repurchase and Make-Whole Defense: The Latest Strategies and Tips to Resolve Repurchase Claims,” Webinar Presentation (Jan. 9, 2014).

“Deep Dive:  False Claims, Indemnifications and Repurchase,” Webinar Presentation (May 6, 2014).

“CFPB Rules Have Taken Effect 90 Days and Counting,” Webinar Presentation (May, 15, 2014).

“A Practical Guide to the Effect of New FHFA Master Policy Mortgage Insurance Requirements on Lenders,” RESBOG – MI Webinar Presentation (Aug. 1, 2014).

“Mortgage Repurchase Defense: Latest Repurchase, Make Whole and Indemnification Patterns, Trends and Solutions,” Webinar Presentation (Aug. 2014).

“Vendor Management: Ensuring Successful & Comprehensive Oversight,” Webinar Presentation (Jan. 21, 2015).

“Time is Running Out – TILA-RESPA Integrated Disclosure (TRID) Webinar,” Co-hosted with the MBA (Mar. 18, 2015).

“Vendor Management: Planning for Successful Compliance,” Co-hosted with the Community Mortgage Lenders of America (June 18, 2015).

“Comprehensive Overview of Legacy Landscape and Proven Strategies in Defending, Negotiating, and Litigating Mortgage Repurchase and Indemnification Claims,” Co-hosted with the Community Mortgage Lenders of America (July 23, 2015).

“Consumer Financial Protection Bureau: Where Have We Been and Where Are We Going as an Industry? 2016 Hot Topics Webinar,” Co-hosted with The Mortgage Collaborative (Mar. 3, 2016).

“Residential Mortgage: How to Survive Litigation Woes and Regulatory Enforcement Actions LIVE Webcast,” The Knowledge Group (Mar. 7, 2016).

“The Home Mortgage Disclosure Act: Framework, Impact, and Planning,” Co-hosted with the MBA (July 20, 2016).

“Residential Mortgage Litigation and Enforcement – Keeping ahead of the Curve Live Webcast,” The Knowledge Group (Sept. 30, 2016).

“Preparing for a CFPB Examination: Critical Information for Mortgage Originators and Servicers” Webinar, American Mortgage Law Group, P.C. co-hosted with the Community Mortgage Lenders of America (Oct. 19, 2016).

“Fair Lending: What You Need to Know in 2016” Webinar, American Mortgage Law Group, P.C. co-hosted with The Mortgage Collaborative (Oct. 13, 2016).

“Preparing for a CFPB Examination: Critical information for Mortgage Originators and Servicers,” Webinar, American Mortgage Law Group, P.C. co-hosted with Community Mortgage Lenders of America (Oct. 19, 2016).

“The Election and Potential Impact to the Regulatory & Compliance Landscape and Fraud,” AMLG and Georgia Real Estate Fraud Prevention and Awareness Coalition (GREFPAC) (Jan. 18, 2017).

“New DU Validation Service Enhanced Property Inspection Waiver New Certainty on Appraised Value,” The Prieston Group and The Mortgage Collaborative (Jan. 19, 2017).

“The Election and Potential Impact to the Regulatory & Compliance Landscape and Fraud,” Webinar, American Mortgage Law Group, P.C. co-hosted with Community Mortgage Lenders of America (Jan. 23, 2017).

 

Publications

Prejudgment Interest: An Element of Damages That Must Not Be Overlooked, Co-Authored by Mr. Brody in 2003, for a Widely-Circulated Expert Witness Publication.

 


 

Contact James W. Brody

Conference Presentations

“Top Ten Trends in Mortgage Fraud Schemes: What to Look For,” California District Attorneys’ Association, San Francisco, CA (Nov. 13-15, 2006).

“Update on Mortgage Fraud Laws,” MBA National Fraud Issues Conference, San Diego, CA (Mar. 8-9, 2007).

“Technological and Legislative Approaches to Protecting Your Company Against Mortgage Fraud,” MBA Legal Issues/Regulatory Compliance Conference, New Orleans, LA (May 6-9, 2007).

“Top Ten Trends in Mortgage Fraud Schemes: What to Look For,” American Conference Institute Conference, Las Vegas, NV (Oct. 5, 2007).

“Property/Appraisal Issues & Case Study,” MBA Repurchase Workshop 2010, Chicago, IL (June 24, 2010).

“Loan Repurchase Buyback Session,” Community Mortgage Banking Project, Rolling Meadows, IL (Dec. 10, 2010).

“Loan Repurchase Strategies,” Lenders One, Clearwater, FL (Mar. 22, 2011).

“CMBP Buyback Defense Roundtable,” Community Mortgage Banking Project, Irvine, CA (June 24, 2011).

“Loan Originator Liability,” TPG, Walnut Creek, CA (Aug. 22, 2011).

“Buyback Defense – What to do If the FDIC Calls,” Community Mortgage Banking Project, Alexandria, VA (Sept. 15-16, 2011).

“CMBP Buyback Defense Roundtable,” Community Mortgage Banking Project, Dallas, TX (Jan. 17, 2012).

“Repurchase and Indemnification Demands: How to Respond, How to Defend, How to Negotiate,” Texas Mortgage Bankers Association Southwest Secondary Marketing Conference, The Woodlands, TX (Jan. 18-19, 2012).

Lenders One Winter Conference, Huntington Beach, CA (Mar. 5-7, 2012).

“Navigating In This Era of Heightened Scrutiny and Regulatory Changes,” CMBA Western Secondary Conference, San Francisco, CA (July 10, 2012).

Richey May & Co., Mortgage Banking Executive Roundtable, Denver, CO (Aug. 2, 2012).

“Repurchase Demands and the Mortgage Banking Landscape,” CMLA General Conference, Denver, CO (Aug. 5, 2012).

Lenders One Summer Conference, Chicago, IL (Aug. 6-8, 2012).

Realty Alliance Mortgage Conference, New Orleans, LA (Sept. 20, 2012).

“Repurchases – Defending Your Company,” MBA Independent Mortgage Conference, Dallas, TX (Nov. 7, 2012).

“Agency and Investor Repurchase and Indemnity Claims in 2013 and Beyond,” Lenders One Winter Conference, Orlando, FL (Mar. 4-6, 2013).

“Responding to and Reducing Repurchase Claims in 2013 and Beyond,” MBA Fraud Conference, Hollywood, FL (Apr. 16, 2013).

“Compliance 2013: Repurchase Demand, CFPB Audits and Fraud Recovery,” AMLA Annual Conference, Tucson, AZ (June 9-11, 2013).

“Responding to and Reducing Repurchase Claims in 2013 and Beyond,” CMLA General Session, Boston, MA (Aug. 5, 2013).

“Mortgage Repurchase and Indemnity Claims: The Latest Tips and Trends to Enhance Your Ability to Successfully Resolve Claims,” CMBA Western Servicing Conference, Las Vegas, NV (Aug. 6, 2013).

MBA Regulatory Compliance Conference, Washington, D.C. (Sept. 29-Oct. 1, 2013).

“The Genesis and Evolution of the Representations and Warranties Framework:
Tips and Trends to Successfully Resolve Repurchase Disputes Now and in the Future,” MBA Independent Mortgage Bankers Conference, Miami, FL (Dec. 6, 2013).

“The Latest Strategies and Tips to Resolve Repurchase Claims, Deal with Third Parties, and Handle the Current Compliance Landscape,” Realty Alliance Conference, San Juan, PR (Feb. 5, 2014).

“Deep Dive: False Claims, Indemnifications and Repurchase,” MBA Legal Issues and Regulatory Compliance Conference, San Diego, CA (May 6, 2014).

“Current Developments in Mortgage Repurchase Defense,” MBA Regulatory Compliance Conference, Washington, D.C. (Sept. 28-30, 2014).

“Emerging Trends in CFPB and Enforcement,” MBA Independent Mortgage Banker’s Conference, Coronado, CA (Dec. 3-5, 2014).

“Regulatory Issues: CFPB Enforcement and the Importance of Recognizing Compliance Risks,” The Mortgage Collaborative 2015 Winter Conference, Scottsdale, AZ (Feb. 10, 2015).

“Vendor Management: Planning for Successful Compliance,” Capital Markets Cooperative Annual Summit, Amelia Island, FL (Mar. 9-11, 2015).

“The Current Wave of Lender-Placed Insurance Litigation and Enforcement,” ACI’s 17th National Forum on Residential Mortgage Litigation & Regulatory Enforcement, Washington, D.C. (May 1, 2015).

“Recent CFPB Enforcement Actions: Focus on RESPA and UDAAP Violations,” Community Mortgage Lenders of America and National Association of Realtors co-hosted 2015 Mortgage Conference, Arlington, VA (June 3, 2015).

“Structuring Your Vendor Management Program,” ACI’s 18th National Forum on Residential Mortgage Litigation & Regulatory Enforcement, Dallas, TX (Sept. 17, 2015).

“Repurchase and Indemnification: The Current Non-Agency Litigation Landscape,” MBA Regulatory Compliance Conference, Washington, D.C. (Sept. 20, 2015).

“Key State-by-State Distinctions on Case Law, Litigation Trends, Homeowner’s Bill of Rights (and other statutes), Super Majority Liens, FHA Loans, Statute of Limitations, and the Duty of Care Owed by Lenders and Servicers,” ACI’s 19th National Forum on Residential Mortgage Litigation & Regulatory Enforcement, San Francisco, CA (Jan. 14, 2016).

“The Evolving Non-QM Market: Legal and Operational Risks,” The Mortgage Collaborative 2016 Winter Conference, Tucson, AZ (Feb. 22, 2016).

“Litigation and Mitigation Related Fraud Issues,” Georgia Real Estate Fraud Prevention and Awareness Coalition (GREFPAC) 12th Annual Conference, Atlanta, GA (Mar. 2, 2016).

“Enhancing Third-Party Vendor Management and Diligence Standards Over Service Providers in an Environment of Heightened Regulatory Expectations: A Practical Guide for Selection, Monitoring, Risk Management, Contracts and Exit Strategy,” ACI’s 20th National Forum on Residential Mortgage Litigation & Regulatory Enforcement, Washington, D.C. (Apr. 21, 2016).

“Recent FHA Developments” and “Looking Forward from the Broker/Lender Perspective: How Might Recent Agency Changes Affect the Future Repurchase Litigation Landscape,” MBA Legal Issues and Regulatory Compliance Conference, Denver, CO (May 3, 2016).

“How to Ace Your CFPB Exam: Examination Hot Topics & Areas of Focus,” RESPRO 2016 Fall Seminar, Washington, DC (Sept. 22, 2016).

“The Current State of Litigation Related to Repurchase/Indemnification Demands,” ACI’s 21st National Forum on Residential Mortgages, Dallas, Texas (Sept. 26, 2016).

“Compliance Checklists for CFPB Examinations,” ACI’s Forum on Mortgage Servicing Compliance, Washington, DC (Nov. 30, 2016).

“The Current State of Litigation Related to Repurchase/Indemnification Demands,” ACI’s 22nd National Forum on Residential Mortgage, San Diego, CA (Jan. 11, 2017).

“5 Most Common Loan Officer Compensation Questions,” TMC 2017 Winter Conference, Paradise Valley, AZ (Mar. 1, 2017).