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Residential Mortgage Foreclosure Litigation -- Developments and Trends


Speaker(s): Jonathan M. Robbin, Nicole R. Topper
Recorded on: Apr. 20, 2017
PLI Program #: 212531

Jonathan Robbin concentrates his practice on complex commercial and consumer financial service litigation including class action and appellate work.

Mr. Robbin regularly represents and counsels lenders and financial institutions in a variety of litigation matters in federal, bankruptcy, and state courts across the country handling all phases of litigation, from the initial investigation through trial and appeal. He has extensive experience representing complex consumer class actions in both state and federal court and defending claims brought under the Fair Debt Collection Practice Act, Fair Credit Reporting Act , RICO, TILA, RESPA, ECOA, state law UDAP claims, and a variety of common law servicing related claims.

In addition to regularly representing financial institutions in consumer financial service matters, Mr. Robbin also regularly counsel and advises businesses and startup companies on copyright, trademark and other intellectual property matters.

While in law school, Mr. Robbin was an articles editor for the Emory Law Journal. He is a member of the Order of the Coif.

REPRESENTATIVE MATTERS

  • Gallego v. Northland Group Inc. 814 F.3d 123 (2d Cir. 2016) obtained an affirmation of a District Court order of dismissal in Gallego v. Northland Group, Inc., when the U.S. Court of Appeals for the Second Circuit, upheld the dismissal of a would-be class action against Northland Group, Inc. and held that violations of state and local debt collection statutes are not per se violations of the federal Fair Debt Collection Practices Act. Case was subsequently withdrawn with prejudice.
  • Pennymac Holdings, LLC v Tomanelli, 2016 N.Y. App. Div. LEXIS 3344 (2d Dep't May 4, 2016) Second Department affirmed the lower court’s grant of summary judgment on the foreclosure action
  • Deutsche Bank Natl. Trust Co. v Karlis, 2016 N.Y. App. Div. LEXIS 2833 (2d Dep't Apr. 20, 2016) Second Department affirmed the lower court’s denial of motion to vacate judgment and extend time to answer
  • Countrywide Home Loans, Inc. v. United Gen. Tit. Ins. Co., 109 A.D.3d 950 (2d Dep't 2013) Obtained reversal of Lower Court’s determination on motion for summary judgment holding that title insurer was not entitled to summary judgment in an insured lender's action for breach of an insurance contract.
  • Moukengeschaie v. Eltman, Eltman & Cooper, P.C., LVNV Funding and Resurgent Capital Services, 2016 U.S. Dist. LEXIS 43725 (E.D.N.Y. Mar. 31, 2016) Obtained partial dismissal of Class Action alleging FDCPA claims).
  • Stern v. Northland Group, 1:15-cv-03833-KAM (E.D.N.Y) Class action alleging FDCPA violations for attempting to collect credit card debt by unauthorized phone calls. Action voluntarily withdrawn following pre-motion to dismiss letter to Court).
  • Morawski v. Midland Credit et al, 2:15-cv-05353 (SD) (E.D. Pa.) Action voluntarily withdrawn after motion filed)
  • Markovskaya v. Am. Home Mortg. Servicing, Inc., 867 F. Supp. 2d 340, 344 (E.D.N.Y. 2012) obtained grant of summary judgment on FCRA claim

COMMUNITY SERVICE & AFFILIATIONS

Mr. Robbin is a board member of 27 Group LLC.

SERVICES

INDUSTRIES

ADMISSIONS

  • Connecticut
  • New York
  • U.S. District Court - Eastern District of New York
  • U.S. District Court - Southern District of New York
  • U.S. District Court - Western District of New York
  • United States Court of Appeals for the Second Circuit

EDUCATION

  • Emory University School of Law, JD, cum laude, Order of the Coif
  • Colgate University, BA, cum laude


Nicole Topper concentrates her practice on various litigation matters, including commercial litigation and consumer finance. Ms. Topper represents and counsels residential mortgage loan servicers, lenders, payment processors, and other financial institutions, handling all phases of litigation, from initial investigation through trial and appeal. She is experienced with motion practice, oral argument, discovery, mediation, and trial practice.

Ms. Topper routinely handles a wide variety of claims and compliance issues relating to residential mortgage loan interests, debt collection, creditors’ rights, and servicing issues, including securitization and standing, claims of wrongful foreclosure, violations of TILA, RESPA, FCRA, FDCPA, FCCPA, and related federal and state consumer protection laws and regulations. In addition, she handles various commercial litigation matters inclusive of real estate disputes, landlord-tenant matters, general liability issues, breach of contract, eminent domain, fraud, and third-party claims.

Ms. Topper also has extensive experience relating to construction defect litigation representing developers, homeowners, and condominium associations. In addition, she has represented clients in the areas of civil tort litigation and insurance defense.

REPRESENTATIVE MATTERS

  • Major institutional lenders in foreclosures and other actions to enforce rights under real property.
  • Major lenders and financial institutions in a wide variety of consumer finance litigation.
  • Various appellate matters in the 2nd, 3rd, 4th, and 5th DCA of Florida.

COMMUNITY SERVICE & AFFILIATIONS

Ms. Topper is former chair of the Florida Bar Grievance Committee “D.”, and director for the West Boca Chamber of Commerce. She is also involved with the Broward Legal Aid and Mission United Veterans Pro Bono Legal Project.