Financial Institutions and Services Litigation

Defended a national bank in a large nationwide class action alleging violations of the Real Estate Settlement Procedures Act, Racketeer Influenced and Corrupt Organizations Act, and various common-law claims in connection with the provision of mortgage services through an affiliated business arrangement. Obtained a jury verdict absolving the client of any liability or wrongdoing in a trial. 

Represented a student loan servicer in connection with litigation alleging breach of contract relating to the origination of certain student loans. Successfully mediated the case to resolution.

Defended loan servicers and investors in response to subpoenas, civil investigative demands, and complaints/inquiries from state attorneys general and federal banking regulatory agencies, including the Consumer Financial Protection Bureau, concerning all manner of mortgage servicing, foreclosure, eviction, and appraisal issues.

Defended financial institutions in connection with various class and individual actions alleging violations of the Fair Debt Collection Practices Act; state consumer protection, unfair, and deceptive acts and practices; and debt collection laws related to loan servicing and foreclosure activities.

Defended the trustees for mortgage-backed securities trusts, national banks, and national mortgage loan servicers in individual actions alleging violation of state foreclosure laws, including litigation and appeals arising from challenges to trustees’ or servicers’ standing to foreclose, alleged wrongful foreclosures, contested eviction proceedings, alleged unfair and deceptive trade practices, and title disputes. Regularly defended clients in actions in state and federal courts in multiple states, including Massachusetts, Connecticut, Rhode Island, Maine, Vermont, New Hampshire, West Virginia, New York, and New Jersey.

Defended various financial institutions in putative class actions involving motions to compel individual arbitration and enforcement of class action waivers, including litigation of related issues before state and federal appellate courts. For example, successfully obtained orders compelling individual arbitration in cases before the West Virginia Supreme Court of Appeals and the Appellate Division of the New Jersey Superior Court.

Represented an international bank regarding self-reported issues pertaining to bankruptcy proofs of claim on credit card accounts, including negotiation and entry of consent and remediation orders with the Executive Office of the United States Trustees.

Defended clients, including banks, loan servicers, debt collectors, international wireless service providers, and other varied financial institutions, in putative class actions alleging violations of the Telephone Consumer Protection Act arising from allegations of calls and text messages placed to borrowers without proper consent, violations of the advertising fax provisions, improper debt collection calls, and unauthorized and impermissible marketing-related communications.

Defended a large mortgage lender in a putative nationwide class action lawsuit alleging failure to comply with regulations promulgated by the U.S. Department of Housing & Urban Development governing residential mortgage loans insured by the Federal Housing Administration. Identified and retained the former FHA Commissioner, the top political position at the FHA, to serve as the client's expert witness, and successfully defeated class certification.

Served as national coordinating counsel and provided day-to-day advice to several national mortgage servicers regarding consumer bankruptcy issues in connection with government inquiries and borrower actions concerning issues relating to payment change notices, bankruptcy escrow computation, payment application of pre-and post-petition funds, proofs of claim, post-petition fee notices, monthly statements to debtors, responses to notices of final cure, motions for relief from stay, bankruptcy loss mitigation, violations of the automatic stay and discharge injunction, and disclosure of personal identifying information as it relates to debtors in bankruptcy.

Defended national mortgage lenders in class actions alleging violations of the Real Estate Settlement Procedures Ac, including claims concerning allegedly unlawful affiliated business arrangements, loan-origination kickbacks, improper loan settlement practices, and insufficient responses to borrowers' qualified written requests and other statutory inquiries.

Defended the trustees for mortgage-backed securities trusts, national banks, and national mortgage loan servicers in individual actions alleging violation of state foreclosure laws, including litigation and appeals arising from challenges to trustees’ or servicers’ standing to foreclose, alleged wrongful foreclosures, contested eviction proceedings, alleged unfair and deceptive trade practices, and title disputes. Regularly defended clients in actions in state and federal courts in Massachusetts, Connecticut, Rhode Island, Maine, Vermont, New Hampshire, West Virginia, New York, and New Jersey.

Defended national mortgage lenders and loan servicers in putative class actions arising from loss mitigation and loan modification practices, including challenges to actions taken under the federal Home Affordable Modification Program or pursuant to in-house, custom loan modification programs, as well as challenges to balloon payments, disclosures, representations, communications, and other varied issues.

Represented creditor-plaintiff in a Massachusetts lawsuit. Successfully enforced a multimillion-dollar commercial guaranty against the principal owner of a bankrupt real estate entity after the entity defaulted on a commercial real estate loan.

Represented national mortgage lenders in connection with enforcement actions involving claims of pregnancy and/or maternity leave discrimination before the U.S. Department of Housing and Urban Development.

Served as national coordinating and defense counsel for one of the United States' largest banks in connection with lawsuits filed by municipalities and other local government entities under the Fair Housing Act to recover lost property tax revenues allegedly caused by discriminatory subprime loans that foreclosed. Coordinated a unified strategy for the defense of lawsuits in federal district courts, circuit courts, and the U.S. Supreme Court.