- Represented Servicer and GSE in Servicing-Related Litigation
Represented national loan servicer and GSE/investor in wrongful servicing federal litigation, successfully defending claims of willful breach of contract, conversion, fraud, breach of duty of good faith and fair dealing, intentional infliction of emotional distress, defamation, and violations of FDCPA, RESPA, and Mississippi S.A.F.E. Mortgage Act. Obtained summary judgment on all claims in favor of bothMore
- Representation of National Bank in Mortgage Foreclosure Dispute in Louisiana Fifth Circuit Court of Appeal
Successfully represented a national bank on an issue of first impression before the Louisiana Fifth Circuit Court of Appeal. The bank foreclosed on a mortgage through executory process. The property owner was served with the notice of seizure and sale. Several days before the scheduled sale, the property owner filed for bankruptcy protection. However, afterMore
- Obtained favorable jury verdict on breach of contract and breach of good faith and fair dealing claims related to the denial of SBA loan.
The plaintiff claimed that our client, a national bank, had breached the terms of a conditional loan commitment to finance the purchase and renovation of a building for a Subway restaurant by withdrawing the commitment after the plaintiff spent tens of thousands of dollars repairing the property. The case ultimately proceeded to a jury trialMore
- Successfully obtained judgment in a foreclosure lawsuit by establishing mortgage servicer’s compliance with HUD/FHA regulations prior to foreclosure
Borrowers asserted numerous counterclaims and defenses in a contested foreclosure claiming that client failed to comply with HUD/FHA regulations prior to foreclosure and as a result, was stopped from foreclosing. After significant discovery, we moved for summary judgment, arguing that non-compliance with HUD/FHA regulations can only form a defense, not an affirmative cause of action,More
- Successfully obtained judgment for mortgage servicing client on falsification and fraud claims.
Represented a national bank in which a borrower filed counterclaims against the bank alleging that it fabricated her signature on a promissory note. After extensive discovery, we moved for summary judgment, and the court ultimately granted the bank’s motion, finding that the borrower’s purported handwriting expert did not qualify as one and that the signatureMore
- Representation of National Servicer in Cases Brought by Chapter 13 Debtors
Represented national servicer in approximately 35 separate cases brought by Chapter 13 debtors claiming violations of Bankruptcy Code related to computation and allocation of interest on monthly payments.
- Representation of National Bank in Consumer Protection and Antitrust Litigation
Representing national bank and subsidiary in consumer protection and antitrust litigation brought by state attorney general for alleged abusive practices resulting in unnecessary fees charged to consumer credit card holders.
- Representation of Lenders/Originators in Series of Mass Actions with RICO and Mortgage Fraud Claims
Represented multiple lenders/originators in series of mass actions involving almost 150 plaintiffs with RICO and mortgage fraud claims.
- Representation of National Bank in Putative Class Action Involving National Homeowner Forbearance Program
Represented national bank and subsidiaries in a putative nationwide class action involving a national homeowner forbearance program, alleging that the bank enrolled thousands of troubled homeowners in the program without the borrowers’ consent in order to receive incentive fees. The federal district court denied class certification.
- Representation of National Bank in Mass Actions Involving Mortgage Fraud Claims
Represented national bank and subsidiaries in over a dozen mass actions involving hundreds of plaintiffs with mortgage fraud claims filed in multiple state and federal courts.
- Representation of National Bank in Class Action Involving Various Mortgage Fraud Claims
Represented national bank in a class action involving hundreds of plaintiffs with various mortgage fraud claims resulting in the settlement class.
- Defense of National Automobile Lender in Alleged Dealer Fraud
Represented national automobile lender in multiple cases in several states involving alleged dealer fraud in sales and financing automobiles.
- 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.
- Santander Consumer USA, Inc. v. Palisades Collection, LLC (447 S.W.3d 902)
Court of Appeals reversed in part and rendered in part a summary judgment against the client financial services company for breach of contract based on the application of the statute of limitations.
- 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.
- 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.
- 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.
- 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.
- 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.
- TCPA Class Action defeated on merits and class certification thanks to McGlinchey team’s tenacious lawyering
Our client, a materials testing, inspection, and certification company, was the subject of a class action suit regarding calls to set up end-of-lease vehicle inspections on behalf of a captive auto finance company.
- Obtained judgment for an auto finance company on claims that it conspired with a car dealership to violate the Truth in Lending Act.
The plaintiff contended that the auto finance company charged the dealership a “fee” as a condition of financing the vehicle purchase. This purported “fee” in turn was allegedly charged to the consumer through raising the price of the vehicle from its advertised price. The plaintiff contended that this “fee” was actually a hidden finance charge required toMore
- Breach of fiduciary duty
Successfully defended a federal civil litigation involving alleged breach of fiduciary duty resulting in dismissal of action with prejudice.
- State appeal breach of contract
Successfully defended a state appeal involving a civil interpleader action resulting in affirming the lower court’s grant of summary judgment dismissing counterclaims for breach of contract and negligence.
- Alleged fraudulent conveyances and wage disputes
Successfully defended a state civil litigation involving alleged fraudulent conveyances and wage dispute claims resulting in dismissal of action with prejudice.
- Represented independent financing company in contentious complex commercial litigation
Successfully defended an appeal to the Eleventh Circuit Court of Appeals of a summary final judgment entered in favor of an independent financing company for breach of a commercial equipment lease contract and guaranty. The total amount awarded to the client was in excess of $950,000 inclusive of attorneys’ fees and costs. The victory isMore