Experience

• Successfully defended national mortgage loan servicer at trial resulting in dismissal of claims of unfair loan servicing business practices (California Business & Professions Code Section 17200) and violations of the Truth-In-Lending Act and the Real Estate Settlement Procedures Act. (Arthur Casale v. GMAC Mortgage, LLC, et. al. San Diego County Superior Court, 37-2007-00075251-CU-BC-CTL) 

• Obtained summary judgments in favor of holders of mortgage loans against claims of wrongful foreclosures of high value residential properties in Beverly Hills and La Costa.

• Successfully represented a major lending institution in litigation brought by a lien claimant for payment under a borrower’s construction loan agreement. Obtained summary judgment for the lender on the claimant’s complaint, despite the unsettled nature of the central question of law in the case.

• Successfully represented a major bank and loan servicing company against putative class action complaint in the United States District Court for the Central District of California, involving borrowers’ claims of constitutional and contractual entitlement to relief under the Home Affordable Modification Program, a feature of the Troubled Asset Relief Program implemented in 2008.

• Represented reverse mortgage lender in challenge to enforceability of reverse mortgage based on claims of lack of lucidity, fraud, elder abuse, negligence, unfair business practices, etc. in which plaintiffs sought compensatory and punitive damages and rescission of loan. Obtained defense verdict in bifurcated jury trial on fraud and elder abuse claims, and in court-tried phase of case judge rejected claims for rescission based on mental incapacity and unfair business practices under Business & Professions Code Section 17200.

• Successfully defended at trial a national lending institution against claims that the lender fraudulently concealed information.

• Obtained summary judgment in favor of loan servicer against $1 million loan origination fraud and elder abuse claim. The Defendant servicer purportedly failed to catch “red flags” in the loan file when it took over the servicing of Plaintiff’s loan from another company.