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Borrower, an aggressive serial filer, filed a quiet title and wrongful foreclosure action against the Investor following his 2008 foreclosure. The foreclosure itself followed on the heels of multiple suits by Borrower against his prior lenders and servicers for a variety of claims related to the origination of his loan and a PMI dispute. Borrower has been deemed an abusive filer by the Utah Federal Court in prior litigation and we filed a motion to dismiss all of his claims based on res judicata and failure to state a claim under Utah law. The Court granted that motion in its entirety on April 24, 2012.
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Borrowers initially filed their action in the W.D.N.C. for claims under RESPA, TILA and Regulation Z and sought rescission of their loan transaction under TILA. BABC filed a motion to dismiss these claims on the grounds that they were barred by each claim’s 3 year statute of limitations. The Gilberts argued in response that a mere notice of rescission via letter to their servicer triggered the statute of limitations for a TILA rescission claim under Reg. Z. The W.D.N.C. granted Deutsche Bank’s motion to dismiss and the borrowers appealed that decision to the Fourth Circuit. BABC argued the issues to the Fourth Circuit in January 2012 and we are awaiting the ruling, which will be the Fourth Circuit’s first decision regarding TILA’s statute of limitations.
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Plaintiffs sought compensatory and punitive damages in excess of $5,000,000 and claimed defendant engaged in a “fraudulent scheme” involving falsified affidavits, untimely assignments, and fraudulent notarizations. They assert claims for § 1983 civil-rights violations, abuse of process, and deceptive trade practices, and they seek a declaratory judgment regarding the unclean-hands defense and the voiding of affidavits. Both the original case and an amended suit were dismissed based upon an aggressive motion to dismiss briefing alleging multiple jurisdictional and abstention-based defenses.
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We aggressively represented GMAC Mortgage in a commercial dispute against Taylor Bean & Whitaker Mortgage Corp. related to a series of Purchase & Sale Agreements governing thousands of residential mortgages loans. In that litigation, Taylor Bean asserted claims for breach of contract against GMACM and GMACM asserted claims against Taylor Bean for breach of contract, offset/recoupment, declaratory judgment, indemnification, fraudulent inducement, and for attorneys’ fees. After three years of litigation and shortly before trial, the case ended in a mutually agreeable settlement. Following the settlement, we subsequently represented GMAC in further repurchase demands with Taylor Bean & Whitaker Mortgage Corp., which were resolved without further litigation.
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Regularly represents lending institutions and mortgage servicing companies nationwide against claims related to mortgage origination and servicing, lien priority, title insurance disputes, and REO matters.
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