Vangsness v. Deutsche Bank National Trust Company (N.D. Ill.). Granting summary judgment in suit against mortgage servicer alleging RESPA, Illinois Consumer Fraud Act and related claims.
McGann v. PNC Bank, National Association (N.D. Ill.). Granting summary judgment to bank defendant in putative class action alleging right to permanent mortgage loan modifications.
Fergerstrom v. PNC Bank, National Association (D. Haw.). Granting summary judgment and denial of class certification to bank defendant in putative class action alleging defective non-judicial foreclosures.
Johnston v. Nationstar Mortgage LLC (D. Nev.). Granting motion to dismiss in putative class action alleging improper loan modification practices.
Letvin v. Lew (E.D. Mich. and 6th Cir.). Affirming on appeal to Sixth Circuit dismissal of putative class action alleging Fair Housing Act and related violations.
Phillips v. Ocwen Loan Servicing LLC (N.D. Ga.). Granting summary judgment to nonbank mortgage servicer in putative class action alleging attempted wrongful foreclosure, misapplication of payments and assessment of improper fees.
Organized the analysis of substantive and procedural foreclosure and mortgage servicing requirements in all 51 jurisdictions, including standing, amount and frequency of permissible fees, SCRA compliance, bankruptcy issues, and notice requirements.
Assisted in defense of multiple bank defendants in suits by successor to largest private purchaser of mortgage loans, seeking repurchase and indemnification arising out of sale of billions of dollars in mortgage loans into residential mortgage-backed securities (RMBS).
Conducted audits of dozens of foreclosure law firms for compliance with state and federal foreclosure law, both for purposes of compliance with the Consent Orders, as well as for proprietary purposes.
Assisted several clients with attestation and notarization issues arising out of the October 2010 so-called “robo-signing” investigations, with particular experience in Florida, Nevada, Arizona, California, Illinois, Ohio, North Carolina, and many other jurisdictions.
Defended class actions filed against several major mortgage servicers claiming deficiencies in loan modification programs or noncompliance with the HAMP program.
Coordinated defense effort in hundreds of Madison County, Illinois, asbestos matters on behalf of routinely sued automotive defendants, involving issues of product and premises liability. Relevant experience included initial fact investigation/development, taking dozens of depositions of fact witnesses, several depositions of experts, dispositive motion practice including oral argument, and all aspects of pretrial preparation, including drafting and successful oral argument of motions in limine.
Secured early dismissal of class action lawsuit brought under FACTA alleging failure to truncate credit card receipts by online vendor in one of the earliest cases to hold, as a matter of law (now consensus), that online transmittal of nontruncated credit card information does not violate FACTA. Successfully resolved several other FACTA suits.
Assisted in fact investigation, discovery, and motion practice in complex litigation involving theft of over $4 million from title escrow account on behalf of major title insurer. Major accomplishments included tracing funds, recovering deleted electronic documents which detailed scheme, and drafting complaint involving many defendants and over a dozen causes of action.
Managed early electronic discovery issues, including preservation and initial production, on behalf of formerly major prime and subprime lender. Unusual challenges included mapping a complex dataset involving a dozen proprietary software applications while company was in wind-up phase and lacked IT department. Native format production was used for certain nonsensitive but large datasets, an innovative approach that saved client tens of thousands of dollars in electronic discovery vendor fees.