Financial Services Litigation

Financial Services Litigation

Kabat Chapman & Ozmer’s attorneys have significant experience handling all types of financial services litigation, having successfully litigated hundreds of lawsuits on behalf of financial services clients. These lawsuits have run the gamut from representing financial institutions against wrongful foreclosure and default servicing claims to private lenders in “bet the company” litigation. We have  defended numerous national banks and mortgage servicers against a vast array of consumer claims in both single-plaintiff and class action lawsuits, including claims based on fraud, breach of contract, and lien priority, and arising under the TILA, the TCPA, the FDCPA, the FCRA, the RESPA, and various state consumer protection laws. With our deep roster of talented attorneys, our practice is national in scope. We have represented clients in dozens of jurisdictions, including notoriously consumer-friendly jurisdictions such as California and Florida, at both the trial and appellate court levels.

Representative Financial Services Litigation Matters

• Obtained summary judgment in Fortune 50 bank’s favor on all counts in lawsuit seeking millions of dollars in damages for alleged violations of Department of Housing and Urban Development regulations. After oral argument, U.S. Court of Appeals for the Eleventh Circuit affirmed in published opinion that contains favorable rulings on multiple issues of first impression.
• Retained by large financial institution to handle appeal involving certified question of great public importance before Florida Supreme Court. Prevailed on appeal, and published opinion set standard applicable to motions to vacate judicial foreclosure sales in the State of Florida.
• Defended national bank in action related to alleged breach of trial period plan agreement and violation of non-judicial foreclosure statutory notice requirements in California state court, successfully bifurcating issues and obtaining complete defense verdict after trial.
• After prevailing on motion to disqualify opposing counsel and handling significant evidentiary hearing, obtained nationwide preliminary injunctive relief in action between industry-leading private loan companies, enjoining various types of unfair competition and illegal business practices.
• Hired by national mortgage servicer facing res judicata issues as result of former counsel’s loss before North Carolina Court of Appeals. After re-filing action in federal court and obtaining sanctions award against opposing counsel, forced favorable settlement that eliminated res judicata issues.
• Obtained complete dismissal of all claims with prejudice in federal district court on motion to dismiss ten million-dollar breach-of-contract action against bank client. Handled appeal to U.S. Court of Appeals for the Eleventh Circuit where we obtained settlement for client during Eleventh Circuit mediation that resulted in dismissal of appeal without any payment by client.
• Represented financial institution in three related cases in federal courts in New York and Georgia, and state court in California. Obtained summary judgment in favor of client and defeated cross-motion for summary judgment filed against client based on fraud, usury and breach of contract in federal court proceedings in Georgia. This decision was affirmed by the United States Court of Appeals for the Eleventh Circuit.
• Defended client against putative class action under the Georgia Debt Adjustment Act. Removed case to federal court and, before class-certification stage, obtained dismissal of all claims.
• Defended national mortgage servicer in California federal court related to alleged breach of contract and violations of federal and state consumer protection statutes. Obtained complete dismissal by way of motion for terminating sanctions.
• Defended national mortgage servicer in California federal court, successfully opposing preliminary injunction motion which attempted to halt non-judicial foreclosure, which led to complete and voluntary dismissal of lawsuit.
• Defended mortgage servicer and bank clients against vast array of claims at trial-court and appellate levels in state and federal courts, including claims brought under TILA, RESPA, and FDCPA, and under common-law theories including breach of contract, and fraud, negligence, successor liability, slander of title, elder abuse, breach of fiduciary duty and intentional infliction of emotional distress.. In nearly all cases obtained dismissal on dispositive motion, judgment in client’s favor, or favorable settlement.
• Managed portfolio of pre-litigation matters for national mortgage servicer to ensure compliance with HUD regulatory scheme and avoid litigation, obtaining favorable settlement in almost all instances.

For more information about our Financial Services Litigation practice, please contact us.