Cases
Representative Matters: Representing a national developer in Supreme Court, Kings County, New York in a boundary
ownership dispute involving issues of adverse possession
related claims.
Filed an action in Maryl
to transfer
enforce a judgement for the State of Br
enburg, Federal Republic of Germany.
Represented owner of real property in Queens County, New York, concerning the enforceability of a deed received from an estate against allegations that the deed was not validly executed
delivered.
Successfully enforced a multi-million dollar judgment from the Kuwait Court of First Instance that was transferred to federal court in the USA.
Represented Ocwen Loan Servicing, LLC in obtaining a favorable settlement in a Pennsylvania Act 6 action, which prohibits the charging of usurious interest.
Represented Ocwen Loan Servicing in obtaining a reversal in an appeal before the Third Circuit Court of Appeals, with the Court sending the case back with instructions to enter summary judgment in our client's favor, in a declaratory judgment action asserting that the Lackawanna County Tax Claim Bureau had failed to properly follow the procedures outlined in the Pennsylvania Real Estate Tax Sale Law.
Represented a national mortgage loan servicing company in obtaining summary judgment in a lawsuit to invalidate, by claiming forgery
fraud, the client's lien on real property
related note in the United States Bankruptcy Court for the District of New Jersey.
Obtained a summary judgment in the United States District Court for the District of Maine on behalf of a bank client on negligence based claims related to water damage to three condominium units in Maine in which the Plaintiffs were seeking a half a million dollars in damages.
Obtained a summary judgment on behalf of a loan servicer in the United States District Court for the Eastern District of Pennsylvania against a title insurance company who refused to provide a defense on all counts of a complaint alleging that the insured mortgage was not properly notarized
therefore, not enforceable. The court held that the in for one, in for all rule applied to title insurance policies,
that the title insurance company was therefore required to reimburse the loan servicer for its defense costs relating to the defense of the uncovered claims.
Obtained summary judgement on behalf of a bank client in a ruling by the Superior Court in
for the State of Maine, dismissing plaintiff's claims for breach of contract, rescission, negligent misrepresentation, equitable estoppel,
promissory estoppel.
Won a dismissal with prejudice on behalf of a loan servicing company in the Southern District of Florida against a mortgagor who filed a suit alleging violations of the Real Estate Settlement Procedures Act ( RESPA )
its implementing regulation, Regulation X, 12 C.F.R. 1024.36. The court held the mortgagor failed to allege actual damages
the alleged violation was not sufficient to support a pattern or practice entitling the mortgagor to statutory damages.
Won appeal on behalf of First Tennessee Bank (First Horizon) before the Fourth District, Division Three, Court of Appeal of the State of California involving a failed residential home construction in Palm Springs. Also obtained the granting of attorneys' fees
costs in excess of $70,000.
Obtained on behalf of Ocwen Loan Servicing, LLC, in Maine District Court, a dismissal of its case without prejudice, avoiding a dismissal with prejudice, in the wake of unsettled Maine law concerning a plaintiff's st
ing in a foreclosure action.
Obtained on behalf of a mortgage servicing company in the U.S. District Court for the Western District of Virginia an order of summary judgment based on Bankruptcy Code precluding claims alleging violations of the Fair Credit Reporting Act (FCRA)
the Fair Debt Collection Practices Act (FDCPA).
Obtained on behalf of Ocwen Loan Servicing, LLC an order from the Superior Court of Pennsylvania affirming a foreclosure action judgment.
Obtained on behalf of JPMorgan Chase Bank a ruling from the Pennsylvania Superior Court affirming the denial of a motion filed by a couple renting a property upon which the bank foreclosed because the motion was filed after the foreclosure judgment was entered
the renters were not indispensable parties to the action.
Obtained an order on behalf of a major bank from the Aroostook County Superior Court in Caribou, Maine, enjoining the City of Caribou from selling a property located in Caribou which would act to extinguish the bank's mortgage.
Successfully removed a quiet title action brought by two borrowers against the mortgage lender
loan servicer to federal court. Following removal, obtained an order from the U.S. District Court for the District of Maryl
granting motion to dismiss with prejudice,
dismissing in its entirety, claims of fraud
violation of the Maryl
Consumer Debt Collection Act.
Obtained a victory in a mortgage foreclosure action as Managing Counsel for Ocwen Loan Servicing, LLC against a borrower who was a sophisticated credit consumer with multiple investment properties. The court held the borrower did not have st
ing to challenge the Assignment of Mortgage
Ocwen had established st
ing to foreclose.
Obtained an order from the Bankruptcy Court for the Eastern District of Pennsylvania on behalf of Ocwen Loan Servicing, LLC, allowing a secured creditor to proceed to a sheriff's sale on foreclosed property after not having been paid for 11 years.
Obtained an order from the Delaware Supreme Court on behalf of Ocwen Loan Servicing, LLC, reversing a grant of summary judgment in favor of a borrower in a foreclosure action. Borrower's motion asserted that the investor on a loan serviced by Ocwen was not the proper party to bring the foreclosure action.
Obtained an order dismissing an amended complaint with prejudice in a bankruptcy adversary proceeding in the United States Bankruptcy Court for the District of Maryl
, which arose when our client filed secured proofs of claims in the plaintiff's Chapter 11 bankruptcy proceeding.
Obtained a verdict in favor of JPMorgan Chase Bank (Chase) following a bench trial of a foreclosure action. The court rejected the homeowner's assertion that the reinstatement of his mortgage by the Pennsylvania Housing Finance Agency operated to modify his mortgage
found him in default.
Obtained an order from the U.S. District Court for the District of Oregon granting summary judgment for a mortgage bank in a wrongful foreclosure action brought by an individual who had refused to convert her loan to permanent financing after the bank ceased offering one-time-close loans. Lannaghan v. First Horizon Home Loans, a division of First Tennessee Bank National Association, Civ. No. 10-6156-AA, 2011 US Dist. LEXIS 83761 (D. Ore. 2011).
Obtained a decision from a trial court that a client's confessed judgment against the home of a couple to whom he lent approximately $1 million was valid
superior to second mortgage the couple had taken out on the property. Settled the matter for a confidential sum shortly thereafter.
Obtained a defense verdict in favor of JP Morgan Chase Bank, N.A. (JPMC) following a two-day bench trial in an action to quiet title to a residential investment property. Established that JPMC had sent the plaintiff a proposed loan-modification agreement more than one month before the sale, but that the plaintiff did not comply with the agreement's terms by sending back both the initial payment
the signed agreement.
Litigated to conclusion an insurance coverage case in which the insured sought to recoup from the client insurance company the amount it paid to settle the underlying securities class action. The court held that there was no coverage under the directors'
officers' policy for the return of ill-gotten gains. CNL Hotels & Resorts v. Twin City Fire Ins. Co., 291 Fed. Appx. 220 (11th Cir. 2008).
Litigated to conclusion allegations that a life insurance company issued a credit life insurance product in violation of the Truth in Lending Act
other state
federal laws. Class certification was denied,
class representative was unable to obtain a verdict at the trial of her individual claims. Porter v. NationsCredit Consumer Discount Co., 285 Fed. Appx. 871 (3d Cir. 2008).
Admitted pro hac vice to act as lead counsel to a mortgage company in an action brought by a loan applicant who alleged that the company violated Fair Credit Reporting Act by accessing her credit report on multiple occasions, thereby causing her credit score to drop. After the company moved for summary judgment, the case was referred to mediation, where it settled for a minimal amount.
Defended a U.K.-based cosmetics manufacturer against a suit for interference with business opportunities brought in New York state court by a cosmetics distributor located in New York
Germany. The case settled for the payment of $1
the creation of an ongoing business relationship between the companies, resulting in profits to all involved.
Represented a U.S. family who invested more than $4 million in a mortgage-related Ponzi scheme formed by four citizens of Engl
. Brought suit
obtained an $8.3 million judgment against the defendants.
Represented small English corporation that developed, invented
manufactured a chemical generator in its sale to a large U.S.-based corporation. As a result of the sale, the shareholders of the English corporation were paid a large sum for their stock
were made employees of the purchasing corporation.
Represented Patriot Buick Pontiac GMC, Inc., a car retailer, in a litigation in which Williams Pontiac Corporation
its principal, Bruce Sanft, sued Patriot post-closing on an asset purchase agreement, alleging Patriot failed to pay more than $1 million due under the agreement
a personal note
after Patriot countersued for $225,000, alleging that Williams/Sanft breached the agreement. At trial, Patriot completely offset the amount sought by Williams/Sanft,
received a judgment in its favor of approximately $21,000
after post-trial motions
appeal, the Superior Court affirmed in favor of Patriot
rem
ed to the trial court solely to calculate pre-judgment interest.
