- 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.
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