Consumer Finance Defense

Overview

Walter | Haverfield represents national, regional, and local banks as well as credit unions, lenders, loan servicers, and financial institutions in litigation involving a range of complex matters, including defense of claims asserted under various federal and state consumer finance statutes.

Our litigation team is well-versed in the defense of:

  • The Fair Debt Collection Practices Act (FDCPA), Truth In Lending Act (TILA), Real Estate Settlement Procedures Act (RESPA), 12 CFR Part 1024 of RESPA (Regulation X), Telephone Consumer Sales Practices Act (TCPA), Fair Credit Reporting Act (FCRA), and other federal and state consumer statutory claims
  • U.S. Bankruptcy code stay/injunction violations
  • Bankruptcy/adversary proceedings, claim filings
  • Mortgage origination and assignment claims
  • Consultation and defense of Consumer Financial Protection Bureau (CFPB) civil investigation demands (CID) and other complaints and investigations by federal and state regulatory agencies
  • Counterclaims, cross-claims and third-party complaints in contested foreclosures
  • Real estate title lien priority/avoidance actions
  • Officer, director or employee liability

We take pride in protecting financial institutions’ legal, reputational, and operational risks while resolving matters in a cost-effective manner. Our team is well known and trusted by lenders and loan servicers across the nation.

Professionals

Experience

Our team’s experience includes:

  • Defense of nation’s largest banks, nonbank mortgage lenders, brokers, loan servicers and sub-servicers  in mortgage origination and consumer litigation under state and federal statutes, including but not limited to OCSPA, FDCPA, FCRA, HAMP, HOEPA, TILA, andRESPA in virtually all trial and appellate courts in Ohio
  • Serves as outside regional counsel managing consumer finance litigation on behalf of loan servicers and sub-servicers  in multiplestates/jurisdictions
  • Advising in-house corporate counsel on litigation strategies, compliance issues and rights and obligations under complex commercial contracts, including HUD, Fannie Mae, and Freddie Mac guidelines, as well as rights and obligations under Pooling and Servicing Agreements relative to mortgage-backed securitized trusts
  • Compliance consultation regarding fintech integration of third-party service provider into national mortgage lender’s existing mobile loan origination platform
  • Consultation and defense of nationwide sub-servicer in investigations by the Ohio Attorney General and the Wisconsin Department of Financial Institutions
  • Successful representation of a national bank in the Ohio Supreme Court that garnered attention of nationalmedia and ended prosecution of out-of-state financial institutions via trials-in-absentia
  • Defense of national non-bank loan servicer in consumer class action involving FDCPA and bankruptcy-related claims
  • Defense of national automobile warranty company in consumer class action TCPA claims