Overview

Joshua Prever is a trial and appellate lawyer representing national and global clients facing commercial litigation matters involving financial services disputes, regulatory and compliance matters, torts and securities litigation. As a partner in Holland & Knight's Fort Lauderdale office, Mr. Prever provides strategic guidance to clients ranging from Fortune 100 and 500 companies to boutique finance companies based on his deep understanding of their day-to-day operations, unique needs and business goals.

A significant part of Mr. Prever's practice is focused on preventing and, where necessary, resolving concerns raised by federal and state regulators. And he routinely provides counsel on regulatory and compliance issues, mortgage and loan servicing audits, investigations outsourcing and default services. Through his work with financial institutions across the country and globally, Mr. Prever has acquired extensive knowledge of default servicing and regulatory compliance issues concerning loan servicing in all 50 states, managing third-party vendors, creating internal policies and procedures, and implementing regulatory directives from the Consumer Financial Protection Bureau (CFPB), Office of the Comptroller of Currency (OCC), Federal Reserve Banks and a host of state regulators.

Mr. Prever is equally comfortable addressing issues before regulators as he is representing clients in the courtroom. And he maintains an active litigation practice including class actions, mortgage-backed securities litigation, single-borrower actions relating to residential mortgages, commercial real estate cases, as well as other complex commercial litigation matters, insurance disputes, bankruptcy proceedings, and U.S. Securities and Exchange Commission (SEC) and Financial Industry Regulatory Authority (FINRA) matters.

Mr. Prever also lectures on a variety of matters concerning the mortgage industry and in particular the CFPB's ever-changing role in the mortgage and financial services industry, as well as the Fair Debt Collection Practices Act (FDCPA), Real Estate Settlement Procedures Act (RESPA), Telephone Consumer Protection Act (TCPA) and Truth in Lending Act (TILA).

As part of an active pro bono practice, Mr. Prever successfully represented victims of political persecution who sought asylum in the United States after being forced to flee their country. He organized workshops enlisting dozens of lawyers to assist Holocaust survivors obtain restitution benefits through the German Government Ghetto Fund and he routinely serves as attorney and guardian ad litem for children in need. Mr. Prever also serves as the chair of the Leadership Counsel for Take Stock in Children Miami, an organization that provides deserving low-income high school students with mentors and college scholarships.

Experience

  • First- and second-chair trial experience obtaining successful verdicts and decisions from the bench
  • Litigated a wide range of complex commercial cases involving claims of breach of contract, tort and fraud from the pleadings and discovery stages
  • Coordinated large e-discovery projects
  • Managed large docket of cases for financial services clients, and in product litigation matters
  • Successfully defended class actions, multidistrict cases and mass actions
  • Obtained favorable decisions for clients in appellate matters

  • Managed extensive teams of lawyers, legal personnel, consultants and third-party vendors in massive projects revamping lender/servicer business practices
  • Conducted large-scale remediation projects for lenders/servicers, creating sworn document execution processes, putting in place robust vendor management programs
  • Supervised vendor management functions for more than 100 law firms used throughout the country
  • Provided due diligence support during multiple loan service transfers to both servicers and subservicers
  • Implemented Consumer Financial Protection Bureau (CFPB) compliant loss mitigation programs
  • Ensured compliance with state and federal laws and regulations governing servicers, including Fair Debt Collection Practices Act (FDCPA), Real Estate Settlement Procedures Act (RESPA), Telephone Consumer Protection Act (TCPA), Truth in Lending Act (TILA) and other laws and regulations
  • Created law change processes monitoring new regulations, state and federal laws, and new case law
  • Drafted standard letters issued to customers, including breach letters, pre-foreclosure notices and CFPB-mandated correspondence, as well as case-specific responses to qualified written requests
  • Created and updated policies and procedures used by lenders/servicers to govern a variety of internal processes

Credentials

Education
  • University of Miami School of Law, J.D., magna cum laude
  • Florida International University, B.A., magna cum laude
Bar Admissions/Licenses
  • District of Columbia
  • Florida
  • Virginia
Court Admissions
  • Florida Supreme Court
  • U.S. District Court for the Southern District of Florida
  • U.S. District Court for the Southern District of Florida
  • U.S. District Court for the Middle District of Florida
  • U.S. Bankruptcy Court for the Middle District of Florida
  • U.S. District Court for the Northern District of Florida
  • U.S. Bankruptcy Court for the Northern District of Florida
  • Virginia Supreme Court
  • U.S. District Court for the Eastern District of Virginia
  • U.S. Bankruptcy Court for the Eastern District of Virginia
  • U.S. District Court for the Western District of Virginia
  • U.S. Bankruptcy Court for the Western District of Virginia
  • Superior Court of the District of Columbia
Memberships
  • Big Brothers Big Sisters of Miami, Board Member, 2019
  • Mortgage Bankers Association, Member, 2012
  • Leadership Council for Take Stock in Children Miami, Member, 2016-2019; Chair, 2019-Present
  • Legal Line Miami-Dade County, Member, 2008-2016; Chair, 2016-2018
  • Leadership Miami, Member, 2008; Program Facilitator, 2009-2010
  • University of Miami Law Review, 2002
Honors & Awards
  • Pro Bono Commitment Award, Dade County Bar Association, 2017
  • Pro Bono Hero, Americans for Immigrant Justice, 2018
  • 40 Under 40 Outstanding Lawyers of Miami-Dade County, Cystic Fibrosis Foundation, 2012
  • Rising Star, Florida Super Lawyers, 2013–2016
  • Order of the Coif

Speaking Engagements

News