Archives

Prevailed on motion to dismiss mortgagor

Prevailed on motion to dismiss mortgagor’s complaint related to disputed insurance proceeds.  See Mulbaier v. Specialized Loan Servicing, LLC, No. 1: 18–cv–00125, 2018 WL 3238832 (D. N.J. Jul. 3, 2018).

Prevailed on motion to dismiss FDCPA claims brought by borrower of federally insured student loans, related to collection letter referencing garnishment under the Higher Education Act. See Nicholas v. Alltran Education, Inc., No. 18-C-08193, 2019 WL 4750303 (N.D. Ill. Sept. 30, 2019).

Prevailed on motion to dismiss mortgagor’s claims for violation of the UTPCPL and FCEUA, and for breach of the implied covenant of good faith and fair dealing, related to mortgagor’s failed modification efforts and subsequent foreclosure proceedings.  See Walkup v. PHH Mortgage Corporation, 147 F.Supp.3d 349 (E.D. Pa. 2015).

Prevailed on motion to dismiss mortgagor’s state and federal claims related to foreclosure action.  See Agumuoh v. PNC Financial Services Group, et al., No. GJH-16-1939, 2017 WL 657428 (D. Md. Feb. 16, 2017).

Prevailed on motion to dismiss mortgagor’s claims related to disputed property insurance funds.  See Thomas v. PHH Mortgage Services, et al., No. RDB-16-3700, 2017 WL 2242671 (D. Md. May 23, 2017).

Prevailed on motion to compel arbitration of TCPA claims. See Thomas v. Progressive Leasing, No. RDB-17-1249, 2017 WL 4805235 (D. Md. Oct 25, 2017).

Prevailed on motion to dismiss FCRA claims.  See Lovess v. Embrace Home Loans, et al., No. 2017 WL 4745452 (D. Md. Oct. 20, 2017)

• Smallwood v. Alltran Financial, LP, No, 19-1394-WHW-CLW, 2019 WL 2336948 (D. N.J. June 3, 2019) – prevailed on motion to dismiss FDCPA claim
• Nash v. PNC Bank, N.A., No. TDC-16-2910, 2017 WL 1424317 (D. Md. Apr. 20, 2017) – prevailed on motion to dismiss mortgagor’s claims under RESPA and Regulation X related to denied loan modification application