KEY UPDATES TRACK: Class Actions in the Mortgage Industry
This expert panel examines best practices for defending against class action lawsuits in the mortgage industry. Panelists discuss recent cases, legal strategies, and precedents while sharing insights on navigating class action litigation and mitigating risk. Sponsored by Cooley LLP.
Speakers
Moderator
Febronia Christ N’Dri is Vice President, Senior Managing Counsel, Regulatory Relations and Exams at LoanCare. With over a decade of consumer finance experience with LoanCare, she currently provides legal support in regulatory examinations and defends LoanCare in class actions. As a senior member of the legal team, she also supports LoanCare in a variety of legal matters. Prior to joining LoanCare, her focus was on land-use and zoning advocacy, as well as commercial litigation.
Speakers
Aaron Chastain is a partner in the Birmingham office of Bradley Arant Boult Cummings LLP and a member of the firm’s Banking and Financial Services Practice Group. He represents a number of financial services companies, including mortgage originators and servicers, student lenders, money transmitters, and banks. Although his background is in litigation, he has developed a significant level of experience with state and federal laws governing financial services companies and often assists his clients with compliance and licensing issues.
Simon Fleischmann is a Partner at Troutman Pepper Locke. He advises financial services clients on their most complex and risk-sensitive legal challenges, drawing on extensive trial and appellate experience across a broad range of banking and consumer finance matters nationwide. His practice spans risk management, government enforcement defense, and sophisticated civil litigation, and clients rely on him to navigate the legal nuances embedded in their day-to-day business operations. The matters Fleischmann handles reflect the full complexity of consumer-facing financial operations, including loan originations, payment application procedures, website accessibility compliance, online payment fees, collateral preservation, default servicing, loss mitigation, outbound calling practices and related technology, loan boarding, loan and servicing rights assignments, bankruptcy plan and discharge order implementation, credit reporting, and account-holder correspondence. His clients trust him to identify and address legal risk at every stage of these operations—before, during, and after disputes arise.
Keith Levenberg is a partner in Goodwin Procter’s Consumer Financial Services Litigation group. His practice focuses on the defense of mortgage lenders in class actions and other high-stakes matters. He has helped clients win dismissals, defeat class certification, and protect their victories on appeal in a range of disputes relating to loan servicing, fair lending/fair housing, loan modification and forbearance programs, consumer privacy, and credit reporting. Over a decade, he secured precedent-setting dismissals and denials of class certification in cases arising from mortgage modification and relief programs launched in the wake of the 2008 financial crisis. He maintains an active practice defending against abuses of anti-discrimination laws and has won dismissals and summary judgment in a variety of Fair Housing Act cases, including lawsuits by municipalities postulating that discriminatory lending depleted their tax revenue and, most recently, lawsuits by self-styled fair-housing organizations alleging discrimination in the maintenance of post-foreclosure REO properties. He has authored amici curiae briefs for the MBA and coalitions of industry groups under MBA’s leadership in the U.S. Supreme Court, most recently urging the Court to establish clear rules on Article III standing in class actions in Laboratory Corp. v. Davis.
Joshua Prever is a litigation and regulatory attorney in Holland & Knight’s Fort Lauderdale office, where he advises financial institutions and financial technology companies on complex legal and regulatory challenges in the consumer lending and residential mortgage industry. With more than 15 years of experience, he represents large and small financial institutions, as well as emerging FinTech companies, under the oversight of federal and state regulators. A seasoned litigator, Prever defends clients nationwide in class actions, mass actions, and individual cases involving mortgage lending and servicing. He also counsels clients through federal and state regulatory inquiries and enforcement matters. Drawing on experience as both outside and in-house counsel, he provides practical guidance grounded in the operational and business realities financial institutions face as they adapt to evolving legal requirements. Prever is widely recognized for his work in the digital mortgage ecosystem, including electronic promissory notes (eNotes), eVaults, and remote online notarization (RON). He advises clients in mortgage origination, servicing, and default servicing on implementing fully digital loan processes while navigating the complex, evolving patchwork of state and federal laws governing electronic signatures and notarization. He advises clients in mortgage origination, servicing, and default servicing on implementing fully digital loan processes while navigating the complex, evolving patchwork of state and federal laws governing electronic signatures and notarization. He also regularly counsels financial institutions on regulatory compliance, loan servicing issues, and interactions with agencies, including the CFPB, OCC, Federal Reserve, and state regulators.
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