Joshua Prever is a litigation and regulatory attorney in Holland & Knight's Fort Lauderdale office. He is creative and solutions oriented, and his financial services clients rely on him to solve complicated problems.

Having more than 15 years of experience in the consumer lending and residential mortgage space, Mr. Prever serves as trusted counsel for large and small financial institutions, along with emerging financial technology (FinTech) companies that are overseen by a mixture of federal and state regulators. A litigator first and foremost, Mr. Prever leverages a nationwide team to defend his financial services clients in class actions, mass actions and single plaintiff cases throughout the country. In his role as trusted counsel, he not only defends his clients in court, he also guides them through federal and state regulatory inquiries. Having worked as both outside and in-house counsel, Mr. Prever's advice is grounded on real-world operational issues, needs and business goals these institutions must address when adapting to new legal requirements.

Mr. Prever has significant experience in the cutting-edge digital mortgage, eNote and eVault space – advising mortgage origination, servicing and default servicing clients on all aspects of working with fully digital loans. He is nationally recognized for his notary law knowledge and focuses on the quickly changing and expanding remote online notarization (RON) space, which is often necessary to achieve fully digital loans. With the vast majority of states now embracing RON, Mr. Prever works with FinTech and financial services companies as they look to integrate RON services to their existing processes. When doing so, he ensures that his clients comply with the patchwork of state laws and regulations governing RON usage as well as their interplay with the Uniform Electronic Transactions Act (UETA), Electronic Signatures in Global and National Commerce Act (E-Sign Act), New York's State Electronic Signatures and Records Act (ESRA), Illinois' Electronic Commerce Security Act and other state laws created to allow for electronic and digital signatures.

In addition to defending class actions and other litigation matters, a significant part of Mr. Prever's practice is focused on preventing and, where necessary, resolving concerns raised by federal and state regulators. His experience includes successfully counseling three large financial institutions as they worked with federal regulators to lift broad ranging consent orders. Through his work with financial institutions across the country, he has acquired extensive knowledge of default servicing and regulatory compliance issues concerning loan servicing in all 50 states, Service Members Civil Relief Act (SCRA) protections, managing third-party vendors, creating and revising 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 (FRB) and a host of state regulators. He also routinely provides guidance and support to financial institutions in responding to attorney general requests, mortgage and loan servicing audits conducted by investors and outsourcing of default services to servicers and sub-servicers.

Outside of his legal practice, Mr. Prever lectures and writes on a variety of topics concerning the mortgage industry and, in particular, RON innovations, the CFPB's ever-changing role in the mortgage and financial services industry, as well as the Fair Credit Reporting Act (FCRA), 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 in obtaining restitution benefits through the German Government Ghetto Fund. In addition, he routinely serves as attorney and guardian ad litem for children in need.

Representative Experience

  • First- and second-chair trial experience obtaining successful verdicts and decisions from both jury and judge
  • 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 – including those being handled through federal multi-district litigation (MDL)
  • Successfully defended class actions, MDL cases and mass actions
  • Obtained favorable decisions for clients in appellate matters

  • Submitted an amicus brief in the Florida Supreme Court on behalf of the Mortgage Bankers Association and the Mortgage Bankers Association of Florida regarding application of the statute of limitations on mortgage loans, assisting the mortgage industry to obtain a positive ruling
  • Successfully defended a servicer and other financial services companies in the U.S. Court of Appeals for the Eleventh Circuit relating to various defenses arising from foreclosure action
  • Obtained favorable results for financial services company before the U.S. Court of Appeals for the Ninth Circuit concerning lender origination issues
  • Received positive ruling from the Florida Third District Court of Appeal in favor of a client affirming a lower court ruling on jurisdictional and standing issues

  • Successfully managed extensive teams of lawyers, legal personnel, consultants and third-party vendors in massive projects revamping lender/servicer business practices to ensure lifting of consent orders imposed by OCC and the FRB
  • Resolved both state regulator administrative proceedings and complaints brought by state district attorneys challenging marketing practices of a mortgage loan originator
  • Responded to requests from state attorney generals, state regulators and government-sponsored entities regarding mortgage servicing practices that focused on loss mitigation programs, vendor management processes, real estate owned (REO) practices and other matters, resulting in non-action letters
  • Implemented remote online notarization (RON) processes for a variety of financial institutions, from global multi-national banks, as well as nationally chartered and regional banks along with other industries as they seek to take advantage of digitizing financial and other transactions, as well as ensuring business continuity in crisis situations
  • 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 large loan servicers that used more than 100 law firms throughout the country
  • Provided due diligence support during multiple loan service transfers to both servicers and subservicers in large mortgage servicing outsourcing projects
  • Implemented Consumer Financial Protection Bureau (CFPB) compliant loss mitigation programs
  • Ensured compliance with state and federal laws and regulations governing servicers, including Fair Credit Reporting Act (FCRA), 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


  • 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. Bankruptcy 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
  • Supreme Court of Virginia
  • 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
  • The Florida Bar's Constitutional Judiciary Committee, 2020-Present
  • Big Brothers Big Sisters of Miami, Board Member, 2019-Present; Board of Directors Co-Chair, 2023-Present
  • Mortgage Bankers Association, 2012-Present
  • Take Stock in Children Miami, Leadership Council, 2016-2019; Chair, 2019-2020
  • 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
  • Client Service All-Star, The BTI Consulting Group, Inc., 2020
  • Pro Bono Hero, Americans for Immigrant Justice, 2018
  • Pro Bono Commitment Award, Dade County Bar Association, 2017
  • Rising Star, Florida Super Lawyers, 2013-2016
  • 40 Under 40 Outstanding Lawyers of Miami-Dade County, Cystic Fibrosis Foundation, 2012
  • Order of the Coif


Speaking Engagements