- Successfully overturned judgment denying client’s motion to compel arbitration.
Our client, an indirect automobile finance company, had moved to compel arbitration of a lawsuit filed against it. When the motion was denied, we appealed and were successful in not only getting the judgment reversed but also getting the appellate court to declare that the client’s arbitration clause was not substantively and procedurally unconscionable.
- Young v. Doe (In re Young), 2017 Bankr. LEXIS 205 (W.D.Va. Jan. 25, 2017)
Dismissing adversary proceeding contesting completed foreclosure of residential property on Rooker-Feldman grounds.
- Successfully overturned judgment on appeal finding that client’s claim was time-barred.
Representing a national mortgage servicing company, was successful in getting a judgment finding that the client’s foreclosure claim was time-barred reversed on appeal.
- Barr v. Flagstar Bank, F.S.B., 303 F.Supp.3d. 400 (D. Md. 2018)
Dismissing claims for fraud, breach of contract, RESPA, and Maryland statutory claims involving arising out of loan modification efforts.
- Griffith v. EduCap, Inc., 2018 WL 4308572 (D.D.C. Sep. 2018)
Granting judgment on the pleadings in action involving collections efforts on defaulted student loan debt assigned after origination.
- Deutsche Bank Nat’l Tr. Co. for First Franklin Mortgage Loan Tr. 2006-FF16, Asset-Backed Certificates Series 2006-FF16 v. Green
5D17-710, __ So. 3d __, 2018 WL 3595290, at *1 (Fla. 5th DCA July 27, 2018) Reversing an involuntary dismissal, and (i) rejecting the argument that a subsequent foreclosure action must be predicated on a default date that post-dates the dismissal of prior foreclosure action; (ii) rejecting the argument that a borrower can start makingMore
- PNC Bank Nat’l Ass’n v. Roberts
5D16-3341, __ So. 3d __, 2018 WL 1972658, *1 (Fla. 5th DCA Apr. 27, 2018) In deciding an issue of first impression and reversing an involuntary dismissal, the court held that a borrower could waive affirmative defenses through answers to interrogatories.
- Evans v. Household Financial Corp. III, 2018 WL 1169180 (D. Md. Mar. 6, 2018)
Dismissing declaratory judgment action following earlier-dismissed foreclosure challenge.
- Davis v. Universal America Mortgage Co., LLC, 2018 WL 620455 (D. Md. Jan. 30, 2018), aff’d 744 Fed.Appx. 169 (4th Cir. Dec. 3, 2018)
Dismissing post-foreclosure challenge on Rooker-Feldman, and substantive grounds.
- Deutsche Bank Tr. Co. Americas for Residential Accredit Loans, Inc., Mortgage Asset Backed Pass-Through Certificates Series 2007-QS11 v. Merced
238 So. 3d 438 (Fla. 5th DCA 2018) Reversing an involuntary dismissal where the trial court struck the bank’s witness due to lack of a power of attorney in evidence showing the witness had authority to testify.
- PNC Bank, Nat’l Ass’n v. Smith
225 So. 3d 294, 295 (Fla. 5th DCA 2017) Reversing a judgment for defendant based on the unclean hands doctrine, and holding that alleged conduct with respect to a second mortgage owned by the plaintiff could not serve as a basis for application of the unclean hands doctrine as to the plaintiff’s first mortgage.
- Mountcastle v. Caliber Home Loans, 2015 WL 13035371 (Oct. 30, 2015), aff’d 647 Fed.Apx. 223 (4th Cir. Apr. 29, 2016)
Dismissing purported fraud and predatory lending claims under federal and state law.
- Wheatley v. Cohn, 2014 WL 2452606 (D.Md. May 30, 2014), aff’d 596 Fed.Appx. 230 (4th Cir. Mar. 5, 2015)
Dismissing state law, FDCPA, and RESPA-based claims against lender and substitute trustees following ratified foreclosure sale.
- Evans v. Beneficial Financial I Inc., 2015 WL 535718 (D.Md. Feb. 9, 2015)
Dismissing breach of contract and fraud claims against lender predicated entirely on discredited “vapor money” theory.
- Harris v. Household Finance Corp., 2014 WL 3571981 (D.Md. Jul. 8, 2014)
Dismissing borrowers’ challenge to the enforceability of lender’s deed of trust on the basis that the promissory note was allegedly securitized.
- Craddock v. Beneficial Financial I Inc., 2014 WL 4385836 (W.D. Va. Mar. 6, 2014)
Dismissing borrowers’ purported quiet title action for failure to state legally cognizable claims.
- Consumer Portfolio Services, Inc. v. Obregon (2010 WL 4361765)
Court of Appeals affirmed decision that client financial services company did not breach settlement agreement.
- Greene v. Deutsche Bank Nat. Trust Co. (2005 WL 1244604)
Court of Appeals affirmed summary judgment in favor of client bank on the basis that the plaintiff had previously obtained final judgment on the same issue raised in subsequent litigation.
- In re Bank of America, N.A. (2012 WL 4841625)
Court of Appeals granted mandamus relief and reversed a sanctions order entered against bank client because the district court judge had exceeded his power in issuing sanctions for failing to comply with a settlement agreement.
- Jack Bailey, et al vs. Regina LeBlanc, et al., 1st Judicial District Court for the Parish of Caddo, Civil Action No. 531946-B
- PNC Bank, Nat’l Ass’n v. MDTR, LLC
243 So. 3d 456 (Fla. 5th DCA 2018) Reversing an award of attorney’s fees to a defendant, finding a third-party purchaser of property did not assume the borrower’s obligations under the mortgage through a bankruptcy trustee’s deed and therefore could not obtain fees against the bank pursuant to the mortgage.
- Poock v. Washington Mut. Bank, F.A. (2009 WL 2050905)
Represented the client bank in a challenge to a trial court’s ruling on venue under the mandatory venue statute relating to real property.
- Represented a mortgage servicer in a putative class action with multiple allegations
Represented a mortgage servicer in a putative class action alleging breach of contract, common law fraud and negligent misrepresentation, breach of fiduciary duty, conversion, negligence and gross negligence, common law bailment, violation of the Michigan Deceptive Trade Practices Act, and unjust enrichment with respect to the payment of private mortgage insurance. Remand was denied, andMore
- Represented an automobile dealership in a putative class Truth in Lending suit
Represented an automobile dealership in a putative class Truth in Lending suit involving allegations of finance charge and itemization of finance charge violations in retail installment contracts. The case was won on summary judgment.
- Represented clients in significant complex foreclosure matters, including commercial foreclosure of notes and mortgages that lack indorsement to present lender.
- Represented commercial finance lender as defendant in action in Civil District Court for Parish of Orleans, State of Louisiana, where plaintiffs asserted a number of damage claims with respect a golf course development adjacent to plaintiffs’ properties
Plaintiff’s claims were based on theories of contractual liability, tort liability, and statutory liability. Successfully obtained dismissal, with prejudice, of all claims and causes of action asserted against lender. Responsibilities included reviewing relevant pleadings and analyzing potential defenses, drafting peremptory exceptions and supporting memorandum of law seeking dismissal of all claims against lender, and draftingMore
- Represented corporate and institutional lender as intervening party in a garnishment action in the United States District Court for the Northern District of Mississippi where lender sought to protect its secured interest in the proceeds at issue.
Responsibilities included reviewing loan documents and UCC filings, drafting motion to intervene and supporting memorandum of law, drafting complaint for declaratory judgment, and drafting answer to application for writ of garnishment.
- Represented national mortgage servicer in a contested foreclosure action pending in the State of New York Supreme Court and related counteraction pending in the United States District Court for the Southern District of New York.
Responsibilities included reviewing mortgage loan documentation, analyzing defendant’s pleadings filed in the state court and federal court proceedings, drafting opposition to defendant’s pleadings, drafting opposition to defendant’s leave to appeal denial of its pleadings, researching issues pertaining to New York Real Property Actions and Proceedings law, drafting discovery requests and responses to defendant’s discovery requests,More
- Represented national subsidiary of foreign bank, which provides mortgage products and various financial services to its mortgage holders, in the reconciliation of over 50 deficient mortgage loan files.
Responsibilities included reviewing mortgage loan documents, researching cure options for legal deficiencies in the loan documentations, reviewing applicable state law requirements regarding standing to foreclose or effectuating a lien release, corresponding with local county clerks to resolve property records recording issues, preparing assignment of mortgages and lien releases for recording with the county clerk, andMore
- Represented numerous banks in litigation matters, including enforcement of loan obligations, fraudulent conveyances, bankruptcy matters, and EFT disputes.
Represented numerous banks in litigation matters, including enforcement of loan obligations, fraudulent conveyances, bankruptcy matters, and EFT disputes (such as establishing the proper revocation of a wire transfer and return of the disputed funds to the corporate issuer of the wire), including defending lenders from lender liability claims in construction, loan origination, and business dissolutionMore
- Van Ess v. JPMorgan Chase Bank, N.A. (2016 WL 5173528)
Court granted summary judgment that Plaintiff did not have a cause of action under the UCC against the client bank for breach of the warranty for allegedly depositing fraudulently signed checks.
