Residential Mortgage Lending and Servicing

Obtained summary judgment dismissal of class action alleging lender violated the Fair Debt Collection Practices Act by sending monthly periodic statements to a borrower post-foreclosure.

Prevailed on behalf of multiple mortgage servicers in an action before the U.S. District Court for the Eastern District of Louisiana in a federal civil RICO Act suit brought on behalf of multiple Louisiana parish clerks, related to alleged improprieties involving the recordation and administration of mortgage loan assignments; court dismissed the entire action with prejudice.

Obtained dismissal in several class action suits brought against mortgage lenders seeking damages based on claimed excessive real estate closing costs, usurious interest charges, and fees in violation of state and federal laws.

Defended a mortgage holder in a quiet title action involving allegations of fraud and wrongdoing relating to a Miami Beach home valued in excess of $1 million. Obtained judgment in the client's favor after a non-jury trial, which permitted the holder to foreclose its mortgage in a first lien position.

Obtained dismissals in numerous state court matters for a Fortune 500 mortgage lender for cases related to allegations of regulatory violations, mortgage fraud, predatory lending and wrongful foreclosure.

Prevailed before the U.S. 5th Circuit Court of Appeals, which upheld a district court judgment dismissing a suit which sought to annul a bank's "executory process" foreclosure and recover damages for the allegedly wrongful seizure and sale of the mortgaged premises. This decision established favorable federal precedent barring similar actions grounded upon technical procedural and/or evidentiary issues within Louisiana executory process foreclosure proceedings.

Defended mortgage servicers in multiple actions by mortgagors alleging wrongful foreclosure, gross negligence, intentional and negligent infliction of emotional distress, and other business torts.

Represented mortgage lenders in multiple large scale mortgage fraud cases resulting in recovery of damages; during representation worked with federal and state prosecutors to provide information and training to assist in prosecution of criminal cases. 

Successfully obtained a judgment on behalf of a financial services provider for more than $350,000 against a borrower for her misrepresentation and breach of warranties in connection with obtaining a home equity loan. The judgment is in addition to a $120,000 cash recovery negotiated in settlement with the title insurer for the current owners of the property in question.

Obtained summary judgment on behalf of a mortgage servicer where the borrower asserted standing and debt collection issues and sought to invalidate the debt and deed of trust. Successfully briefed the mortgage servicing issues, including standing and statutory construction in nonjudicial foreclosure action before the U.S. Court of Appeals for the Fourth Circuit.

Obtained the reversal of a trial court's denial of a motion to dismiss the claims against a national mortgage servicing company based on the Home Affordable Modification Program (HAMP), and established Tennessee law that there is no private right of action under HAMP.

Defended a national bank and residential mortgage lender against allegations of racketeering and fraud-based RICO claims involving acts of mail and wire fraud alleged to have occurred over a long period of time; successfully demonstrated that the plaintiff could not establish facts or provide sufficient evidence of open-ended continuity.

Obtained a defense verdict for a mortgage lending corporation in a case in which the plaintiff alleged that the defendant provided a reverse mortgage to a borrower who did not have sufficient capacity and/or was not provided with required disclosures. After a two-day trial the jury ruled in favor of the lender in less than two hours.

Secured dismissal with prejudice of all claims against a national mortgage servicing company in federal court.

After being retained post-trial, successfully represented a national mortgage servicer by overturning a jury verdict for violation of the Tennessee Consumer Protection Act and obtaining an affirming opinion from the Tennessee Court of Appeals.