Seattle Appeals Attorneys

Litigated a case over violations of the automatic stay. Their car lender sued them in state court for failing to keep up payments on a stipulated repayment plan to avoid garnishment, obtained a bench warrant and arrested the borrowers, who were in bankruptcy.

Plaintiffs brought an action against the debt collector that acted as successor sub-servicer for student loan trusts and the law firm that acted as a debt collector, asserting claims for violations of the federal Fair Debt Collection Practices Act (FDCPA), Washington Consumer Protection Act (CPA), and other statutes.

The US District Court granted the plaintiff’s motion to compel against a mortgage servicer and beneficiary in a case where over the existence of a contract for a loan modification, for unfair and deceptive misrepresentations and for credit discrimination.

In Washington state, the business records exception to the hearsay rule has been eroded quite a bit and there are now cases saying that defendants can incorporate predecessor in interest records into their corporate records and get away with it. In a student loan defense case, I brought summary judgment affirmatively against the student loan debt collector and challenged their claim to be a "custodian of records" since they did not hold the records.

The Plaintiffs prevailed on their motion for summary judgment in an action to quiet title against PNC Bank on their second mortgage.

The Ninth Circuit upheld a dismissal of a judicial foreclosure, rejecting BONY’s argument that it was entitled to additional tolling of 120 days (30 days after service of notices of default for the four non-judicial foreclosure proceedings).

Litigated a case overturning a bankruptcy court’s adversary proceeding order objecting to a proof of claim for a second mortgage on statute of limitations grounds.

This case involved a client whose money was taken by a payday lender, Check Into Cash ("CIC"), in violation of the bankruptcy automatic stay.

In litigation over a mortgage dispute between Michael Thomas and his loan servicer, Green Tree Servicing LLC over the breach of a loan modification agreement arguing breach of contract, good faith and fair dealing, violation of the consumer protection act, and negligent misrepresentation.

Defendants are collaterally estopped from relitigating case defeated on a motion to dismiss ruling that BONY’s judicial foreclosure action was dismissed. Thus the court granted partial summary judgment and the client's mortgage was eliminated.