Gonzalez v. U.S. Bank National Association, No. 13-10342 (5th Cir. Nov. 29, 2013)
Successfully represented bank in obtaining affirmance of summary judgment where suit against bank involved allegations of violations of the Texas Constitution.
Filgueira v. U.S. Bank National Association, No. 13-20105 (5th Cir. Nov. 1, 2013)
Achieved affirmance of judgment dismissing complaint for wrongful foreclosure.
Thornton v. GMAC Mortgage, LLC, No. 13-10362 (5th Cir. Oct. 9, 2013)
Successfully defended bank against allegations of violations of the Texas Constitution.
Morlock, LLC v. The Bank of New York Mellon Trust Company, No. 12-20832 (5th Cir. Aug. 5, 2013)
Obtained affirmance of judgment on the pleadings in a foreclosure proceeding involving a claim for quiet title under Texas law.
Alsobrook v. GMAC Mortgage, LLC, No. 12-10623 (5th Cir. July 25, 2013)
Achieved affirmance of summary judgment dismissing wrongful foreclosure suit.
Poswalk v. GMAC Mortgage, LLC, 519 Fed. Appx. 884 (5th Cir. 2013)
Successfully defended a judgment for a mortgage servicer in an action to invalidate a lien under the Texas Constitution.
Galvez v. Deutsche Bank National Trust Company, 109 So. 3d 883 (Fla. 3DCA 2013)
Obtained affirmance of final judgment of foreclosure involving allegations of fraudulent foreclosure.
DTND Sierra Investments LLC v. The Bank of New York Mellon Trust Company, N.A., Case No. SA-12-1014-XR, 2013 U.S. Dist. LEXIS 104792
Obtained Rule 12 (b)(6) dismissal of wrongful foreclosure and declaratory relief claims.
Johnlewis, Bernadette v. U.S. Bank, National Association, et al., Case No. H-12-3360, 2013 U.S. Dist. LEXIS 134482
Obtained dismissal of borrower's declaratory judgment, statutory and quiet title claims.
Borrower v. Investor (Utah District Court, 2011)
Borrower, an aggressive serial filer, filed a quiet title and wrongful foreclosure action against the investor following his 2008 foreclosure. The foreclosure itself followed on the heels of multiple suits by borrower against his prior lenders and servicers for a variety of claims related to the origination of his loan and a PMI dispute. Borrower has been deemed an abusive filer by the Utah Federal Court in prior litigation, and we filed a motion to dismiss all of his claims based on res judicata and failure to state a claim under Utah law. The court granted that motion in its entirety on April 24, 2012.
Gilbert v. Deutsch, Fourth Circuit Court of Appeals, Case No.10-2295 (2011)
Borrowers initially filed their action in the W.D.N.C. for claims under RESPA, TILA and Regulation Z and sought rescission of their loan transaction under TILA. Bradley filed a motion to dismiss these claims on the grounds that they were barred by each claim’s 3 year statute of limitations. The Gilberts argued in response that a mere notice of rescission via letter to their servicer triggered the statute of limitations for a TILA rescission claim under Reg. Z. The W.D.N.C. granted Deutsche Bank’s motion to dismiss and the borrowers appealed that decision to the Fourth Circuit. Bradley argued the issues to the Fourth Circuit in January 2012, and we are awaiting the ruling, which will be the Fourth Circuit’s first decision regarding TILA’s statute of limitations.
Armour v. Monsanto Co., 995 F. Supp. 2d 1273 (N.D. Ala. Feb. 3, 2014)
Represented chemicals companies in obtaining dismissal of claims related to alleged PCB-contamination in light of settlement agreement.
Bastrop Riverside Grove Homeowners Associations, Inc. v. MERS, Inc., Bank of America, N.A., Specialized Loan Servicing, LLC, Bank of New York Mellon, America's Wholesale Lender, CTC Real Estate Services, and Jaime Espinoza
Obtained Rule 12 (b)(6) dismissal of borrower's fraud and wrongful foreclosure claims to validate client's lien on property.
Brown v. Indymac Federal Bank, FSB, et al. (Chancery Court of Rankin County, Mississippi 2015)
Motion for summary judgment granted for various financial institutions in borrowers’ suit for promissory estoppel, equitable estoppel, and injunctive relief.
Cirino v. Bank of America, N.A., et al., 2015 WL 5752105 (S.D. Miss. 2015)
Motion for judgment on the pleadings granted for multiple financial services companies in borrower’s suit for negligence, negligent misrepresentation, negligent infliction of emotional distress, breach of contract, breach of the covenant of good faith and fair dealing, and violation of the Fair Debt Collection Practices Act.
Clark v. Chase Bank USA, N.A., __ Fed. App’x __, 2016 WL 556716 (11th Cir. Feb. 12, 2016)
Represented mortgage servicer in obtaining appellate court’s affirmance of dismissal of complaint alleging claims for fraud, breach of contract, and wrongful foreclosure.
Ex parte GMAC Mortg., LLC, 176 So. 3d 845 (Ala. 2013)
Represented mortgage servicer in obtaining reversal of Alabama Court of Appeals decision holding that mortgage foreclosure is invalid if foreclosing entity is not the mortgagee or assignee of the mortgagee’s interest.
Huber, et al. v. GMAC Mortgage, LLC, United States District Court for the Middle District of Florida, Case No. 8:10-cv-02458
In this case, plaintiffs sought compensatory and punitive damages in excess of $5 million and claimed defendant engaged in a “fraudulent scheme” involving falsified affidavits, untimely assignments, and fraudulent notarizations. They asserted claims for § 1983 civil-rights violations, abuse of process, and deceptive trade practices, and they sought a declaratory judgment regarding the unclean-hands defense and the voiding of affidavits. Secured dismissal on the aggressive early motions.
In re Jefferson County, Alabama, 2012 WL 3775758 (N.D. Ala. Aug. 28, 2012)
Represented Jefferson County in obtaining affirmance of bankruptcy court’s ruling that private litigant lacked ability to challenge allocation of funds.
Jackson v. WAFF, Inc., 109 So. 3d 1123 (Ala. Civ. App. 2012)
Represented television stations in obtaining affirmance of dismissal of claims for defamation.
Johnson v. Bank of America, Corp., et al. (County Court of Washington County, Mississippi 2014)
Motion to dismiss granted for financial institution in borrower’s suit for breach of contract, bad faith, and intentional infliction of emotional distress.
Kee v. Federal Nat’l Mortg. Ass’n, 512 Fed. App’x 739 (10th Cir. 2013)
Represented Federal National Mortgage Association in obtaining affirmance of dismissal of claim for quiet title related to alleged deficiencies in assignment of mortgage debt.
Orton v. Matthews, 572 Fed. App’x 830 (11th Cir. 2014)
Represented mortgage servicer in obtaining affirmance of dismissal of claim for quiet title related to alleged deficiencies in assignment of mortgage debt.
Riels v. Bank of America, N.A., 2015 WL 6159187 (S.D. Miss. 2015)
Obtained summary judgment for financial institution in borrowers’ suit for unfair and illegal servicing of their loan and negligence.
Shepherd v. U.S. Bank, N.A., __ So. 3d __, 2015 WL 7356384 (Ala. 2015)
Represented financial institution in obtaining reversal of $4 million for claims related to mortgage origination and servicing.
Taylor, Bean & Whitaker Mortgage Corporation v. GMAC Mortgage Corporation, United States District Court for the Middle District of Florida, Case No. 5:05-cv-260
Represented GMAC Mortgage in a commercial dispute against Taylor Bean & Whitaker Mortgage Corp. related to a series of Purchase & Sale Agreements governing thousands of residential mortgages loans. In that litigation, Taylor Bean asserted claims for breach of contract against GMACM and GMACM asserted claims against Taylor Bean for breach of contract, offset/recoupment, declaratory judgment, indemnification, fraudulent inducement, and for attorneys’ fees. After three years of litigation and shortly before trial, the case ended in a mutually agreeable settlement. Following the settlement, we subsequently represented GMAC in further repurchase demands with Taylor Bean & Whitaker Mortgage Corp., which were resolved without further litigation.
United States v. AseraCare Inc., __ F. Supp. 3d __, 2015 WL 8486874 (N.D. Ala. Nov. 3, 2015)
Represented hospice company in obtaining summary judgment in $200 million False Claims Act case.
United States v. Evolve Bank & Trust (W.D. Tenn)
Represented Evolve in defense and ultimate settlement of enforcement action alleging discrimination on the basis of disability and public assistance. Average compensation to borrowers of approximately $1,750.
Wiley v. Bank of America, N.A., et al. (Chancery Court of Carroll County, Mississippi 2015)
Obtained summary judgment for financial institutions in borrowers’ suit for breach of contract and fraud related to the loan’s escrow account.
Conducted internal investigation for large national bank related to process failures
Conducted a confidential, internal investigation for a large national bank regarding the loan modification practices of a rogue employee, determining the root cause of the non-compliance and coordinating remediation efforts.
Consent judgment for $100 million settlement payment and $370 million in consumer relief
Represented national bank and mortgage servicing company in large-scale settlement of liability related to servicing and origination of loans leading up to and during the financial crisis, including releases of False Claims Act and FIRREA liability.
Consent judgment for $127.3 million settlement payment and $2 billion in consumer relief
Represented mortgage servicing company in one of the largest national joint state/federal government settlements in history.
Consent judgment for $468 million settlement payment and $500 million in consumer relief
Represented national bank in a large-scale settlement of liability related to mortgage servicing and origination of loans leading up to and during the financial crisis, including releases of False Claims Act and FIRREA liability.
Lawrence v. Household Bank (SB), N.A., 505 F. Supp. 2d 1279 (M.D. Ala. 2007)
Court refused to enjoin California state court class action settlement of time of payment posting claims relating to credit card accounts and granted summary judgment based on California settlement.
Battles v. Sears National Bank, 365 F. Supp. 2d 1205 (M.D. Ala. 2005)
Putative class action relating to posting of payments to credit card accounts stayed pending arbitration.
Household Bank v. JFS Group, 320 F.3d 1249 (11th Cir. 2003)
Federal question jurisdiction found for declaratory judgment action seeking to enforce arbitration agreements in action brought by lender against over 600 opt-outs from refund anticipation loan class action settlement.
Canaday v. Household Retail Services, Inc., 119 F. Supp. 2d 1258 (M.D. Ala. 2000), aff’d 268 F.3d 1067 (11th Cir. 2001)
Summary judgment granted for lender in putative class action based on lack of assignee liability under Truth in Lending Act.
Ex parte Household Retail Services, Inc., 744 So. 2d 871 (Ala. 1999)
Mandamus granted for lender vacating class certification order as to fraud, suppression and conspiracy claims relating to terms of financing the purchase of satellite dishes.
Ex parte Watley, 708 So. 2d 890 (Ala. 1997)
Summary judgment for lender in putative class action alleging violation of the Alabama Consumer Credit Act (Alabama Mini-Code) with respect to charges for prepaid points affirmed.
Hornsby v. Two Men & A Truck, U.S. District Court, (N.D. Ala.)
Successfully defended company in wage and hour putative collective action.
Tyler v. Payless Shoe Source, Inc., No. 2:05-CV-33F (WO), 2005 WL 3133763 (M.D. Ala.)
Successfully defended company in wage and hour putative collective action. Obtained successful resolution in similar claim filed in Mississippi.
Defended storage company against wage and hour claims
Successfully defended a national storage company in wage and hour claims of alleged off-the-clock work, obtaining decision in favor of client. Fully arbitrated.
Represented large mortgage servicer in front of state and federal regulatory bodies
Represented one of nation’s largest mortgage servicers in an examination of its policies and procedures in front of state and federal regulatory bodies.
Represented mortgage services and banking client in lender-placed insurance investigation
Represented mortgage servicing and banking client and affiliated companies in an investigation and eventual settlement of claims that client accepted financial incentives from its lender-placed insurance vendor, creating improper conflicts of interest in violation of Massachusetts law. Negotiated favorable settlement terms with the Massachusetts attorney general, resulting in the entry of an assurance of discontinuance.
Represented mortgage services client in investigation of mortgage modification violations
Represented mortgage servicing and banking client and its affiliated companies in an investigation and eventual settlement of claims that client's mortgage modification practices violated a Massachusetts foreclosure law. Responded to investigatory subpoenas from the Massachusetts attorney general and negotiated favorable settlement terms, resulting in the entry of an assurance of discontinuance.
Represent lending institutions and mortgage servicing companies nationwide
Regularly represent lending institutions and mortgage servicing companies nationwide against claims related to mortgage origination and servicing, lien priority, title insurance disputes, and REO matters.