CareersConsumer Finance Defense
Litigation
Our Consumer Finance Defense Difference
Our attorneys represent 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.
Walter Haverfield’s 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, crossclaims, and third-party complaints in contested foreclosures
- Real estate title lien priority/avoidance actions
- Officer, director, or employee liability
Experience
- Defending the 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 Ohio Consumer Sales Practices Act (OCSPA), FDCPA, FCRA, Home Affordable Modification Program (HAMP), Home Ownership and Equity Protection Act (HOEPA), TILA, and RESPA in virtually all trial and appellate courts in Ohio
- Serving as outside regional counsel managing consumer finance litigation on behalf of loan servicers and sub-servicers in multiple states/jurisdictions
- Advising in-house corporate counsel on litigation strategies, compliance issues, 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 consulting regarding fintech integration of third-party service provider into national mortgage lender’s existing mobile loan origination platform
- Consulting and defending of nationwide sub-servicer in investigations by the Ohio Attorney General and the Wisconsin Department of Financial Institutions
- Successfully representing a national bank in the Ohio Supreme Court that garnered the attention of national media and ended the prosecution of out-of-state financial institutions via trials-in-absentia
- Defending a national non-bank loan servicer in consumer class action involving FDCPA and bankruptcy-related claims
- Defending a national automobile warranty company in consumer class action TCPA claims
