With more than 15 years of experience helping wronged consumers, we have gone to court in hundreds of cases.

A Baltimore City Jury awarded a Class of 1,589 Maryland residents the sum of $38,630,344.00 against South Carolina and Nevada debt collector LVNV Funding LLC for unlawful debt collection throughout the State of Maryland on May 20, 2016. Previously in the case, the Maryland Court of Special Appeals held that LVNV had acquired thousands of illegal, void judgments against the Class of Maryland residents. See Finch v. LVNV Funding, LLC, 212 Md. App. 748 (2013). Later, the Maryland Court of Appeals declined to review that issue and to stay the holding of the intermediate appellate court.

At trial, the Plaintiffs proceeded against Defendant LVNV seeking a return of all the sums collected by LVNV against the Class based on the illegal actions it filed and judgments it had obtained on the common law theories of unjust enrichment and money had and received and violations of the Maryland Consumer Debt Collection Practices Act.

“The evidence at trial showed that LVNV had collected approximately $3,600,00.00 from the Class based on its illegal activities,” explained Plaintiff’s counsel Scott Borison from the Legg Law Firm LLP. “And even though the appellate court and the circuit court had long ago held the judgments were unenforceable, the evidence at trial showed LVNV continued to collect upon the illegal judgments until just a week before the trial.”

The jury’s verdict recognized that LVNV should not be unjustly enriched for the sums collected to which it was not entitled to receive in the first place. “Under the restitution theory presented to the jury,” explained Plaintiffs’ counsel Phillip Robinson from the Consumer Law Center, LLC, “the Defendant was not entitled to keep that which it wrongfully took and it was not entitled to keep the profits it made off the money. The evidence at trial showed LVNV acquires debts for pennies on the dollar and reinvested the funds it unjustly collected to acquire substantially more profits which under the law it is not entitled to keep.”

List of Sample Representative Consumer Law Cases

Payne v. Marriott Employees Fed. Credit Union, No. CV 18-4009, 2019 WL 161732, at (E.D. Pa. Jan. 9, 2019)

  • Counsel in case challenging the accuracy of disclosures under the Truth in Lending Act related to high-interest loans and opposing dismissal.

Hackett v. Bayview Loan Servicing, LLC, No. 18-CV-01286-PX, 2018 WL 6812617 (D. Md. Dec. 27, 2018)

  • Successfully obtained remand of case improperly removed to Federal Court.

Grayson v. Freedom Mortg. Corp., No. GJH-18-1375, 2018 WL 6505513 (D. Md. Dec. 11, 2018)

  • Successfully obtained remand of case improperly removed to Federal Court.

Kemp v. Seterus, Inc., 348 F. Supp. 3d 443 (D. Md. 2018)

  • Successfully obtained remand of case improperly removed to Federal Court.

Ndzerre v. Liberty Power Corp., LLC, 318 F. Supp. 3d 761 (D. Md. 2018)

  • Successfully obtained remand of case improperly removed to Federal Court.

Gutierrez v. First Nat’l Bank of Am., No. GJH-18-479, 2018 WL 4562959 (D. Md. Sept. 21, 2018)

  • Successfully obtained remand of case improperly removed to Federal Court.

Murray v. Midland Funding, LLC, 233 Md. App. 254, 163 A.3d 271 (2017)

  • Counsel in successful appeal reversing the improper dismissal of putative class action.

Dazza v. Kirschenbaum, Phillips & Levy, P.C., No. CV RDB-16-3954, 2017 WL 1315510 (D. Md. Apr. 10, 2017) & Doyle v. Frontline Asset Strategies, LLC, No. CV RDB-16-3501, 2017 WL 1230819 (D. Md. Apr. 4, 2017)

  • Counsel in putative class actions (consolidated by the court) against debt collection attorneys improperly using the state courts to collect upon void judgments; successfully defeated motions to dismiss.

Swann v. Pontus Capital Management LLC, Cir. Ct. for Anne Arundel County, Civ. Case No. C-02-cv-15-2117 (2017)

  • Class Counsel for class-wide settlement involving hundreds of class members subjected to unlicensed debt collection practices by an unlicensed mortgage debt buyer; waived any right to any attorney fees.

Cain v. Midland Funding, LLC, 452 Md. 141 (2017)

  • Counsel in successful appeal of a putative class action which reversed the trial court’s order compelling the plaintiff to arbitration

Jason v. Nat’l Loan Recoveries, LLC, 227 Md. App. 516 (2016)

  • Counsel in successful appeal reversing dismissal of putative class action at the motions to dismiss stage.
  • Class Counsel for class-wide settlement which will vacate hundreds of state court judgments; waived any right to any attorney fees.

Hansford v. Erin Capital Management, LLC, Cir. Ct. for Baltimore City, Civ. No. 24-C-13-004860 (2016)

  • Counsel in certified class action which resulted in the elimination of over 100 judgments entered against the class members statewide and the establishment of a $250,000.00 common fund for the class.

Wilcox v. Primestar, Cir. Ct. for Anne Arundel County, Civ. Case No. 02-C-14-000099 (2016)

  • Appointed Class Counsel in matter involving hundreds of class members subjected to unlicensed debt collection practices by an unlicensed mortgage debt buyer.

Barbely v. Dyck O’Neal Inc., Cir. Ct. for Anne Arundel County, Civ. Case No. 02-C-14-190995 (2016)

  • Counsel in certified class action which eliminated several million in mortgage deficiencies allegedly owed for a class of 38 consumer mortgage loans.

Finch v. LVNV Funding, LLC, 212 Md. App. 748, 71 A.3d 193 cert. denied, 435 Md. 266, 77 A.3d 1084 (2013); (second appeal) LVNV Funding, LLC v. Finch, No. 1075, SEPT.TERM,2016, 2017 WL 4074573 (Md. Ct. Spec. App. Sept. 14, 2017), opinion corrected and superseded, No. 1075, SEPT.TERM,2016, 2017 WL 6388959 (Md. Ct. Spec. App. Dec. 14, 2017), cert. granted sub nom. LVNV Funding v. Finch, 461 Md. 484, 194 A.3d 937 (2018)

  • Counsel in certified class action obtained a reported decision reversing initial dismissal and thereafter obtained an order declaring thousands of pending consumer judgments void as a matter of law and obtained a jury verdict of $38,630,344.00 (which was remitted to $25,000,000).
  • This case is currently on its second appeal and we are awaiting a decision of the Maryland Court of Appeals.

Martinez v. Grand Bel Manor Condominium, et al., Cir. Ct. for Montgomery County, Civ. Case No. 410129-V (2016)

  • Appointed class counsel in matter involving unlawful debt collection by a condominium association and unlicensed debt collection by a management company. 

Baumgardner v. Blatt, Cir. Ct. for Anne Arundel County, Civ. No. C-02-CV-14-000785 (2015)

  • Appointed class counsel in matter against collector utilizing Maryland courts to knowingly collect upon void judgments.

Turner v. Asset Acquisition Group, LLC, Cir. Ct.for Balt, Civ No. 24-C-13-004861 (2015)

  • Appointed class counsel and obtained final approval in class action settlement involving over 60 void judgments that resulted in the deletion of nearly $300,000 in judgments from the public records and other relief to the class.

Rand v. Main Street Acquisition Corporation,  Cir. Ct.for Balt, Civ No. 24-O-13-004864 (2015)

  • Appointed class counsel and obtained final approval in class action settlement involving over 250 void judgments that resulted in the deletion of more than $1,000,000 in judgments from the public records and other relief to the class.

Castillo v. Nagle & Zaller, PC, CIV.A. WDQ 12-cv-2338 (2013)

  • Class counsel in $300,000 settlement with unlicensed collection agency law firm which utilized non-attorney employees to collect.

Piotrowski v. Wells Fargo Bank, N.A., CIV.A. DKC 11-3758, 2013 WL 247549 (D. Md. Jan. 22, 2013)

  • Counsel in putative class action under the Equal Credit Opportunities Act against mortgage servicer for failing to timely communicate and notify borrowers about the status of their mortgage modification applications.

Gardner v. Montgomery County Teachers Fed. Credit Union, 1:10-CV-02781-JKB, 2012 WL 1994602 (D. Md. June 4, 2012)

  • Counsel in putative class action in which the Court granted summary judgment in favor of named plaintiff in Truth in Lending Act case filed concerning the illegal security interests assumed by the defendant credit union related to credit cards issued by the credit union to its members.

Winemiller v. Worldwide Asset Purchasing, LLC, 1:09-CV-02487, 2011 WL 1457749 (D. Md. Apr. 15, 2011)

  • Counsel in class action in which court denied Defendants’ motion to dismiss and found as a matter of law that corporate, publically traded corporations could be liable for the illegal collection activities of the subsidiary collection agency. Case settled and provided significant relief to class in the form of credit correction and promises not to collect upon accounts valued at more than $10,000,000.

Bradshaw v. Hilco Receivables, LLC, 725 F. Supp. 2d 532 (D. Md. 2010), 765 F. Supp. 2d 719 (D. Md. 2011)

  • Counsel in class action in which the Court granted summary judgment in favor of the class for unlawful debt collection by a collection agency without a license which was a violation of federal and state consumer protection statutes; Court had previously struck Defendants’ affirmative defenses for not complying to new, federal pleading standards.
  • Case settled and provided significant relief to class in the form of credit correction and promises not to collect upon accounts valued at more than $16,000,000.

Johnson v. Midland Funding, LLC, Case No.: 1:09-cv-02391-RDB (2010)

  • Counsel in settlement class action involving an unlicensed collection. Case settled and provided significant relief to class in the form of over 5,000 collection actions being dismissed in state court, cash payments to class members, and licensure of Defendants with state.

Hauk v. LVNV Funding, LLC, 749 F. Supp. 2d 358 (D. Md. 2010)

  • Counsel in class action in which the Court granted denied motion to dismiss by unlicensed collection.
  • Case settled and provided significant relief to class in the form of dismissal of thousands of collection cases, credit correction and promises not to collect upon accounts valued at more than $9,000,000.

Geesing v. Matthews, Balt. Cir. Ct. Civ No. 24-O-10001394 (Jan. 2011)

  • Counsel in class action Motion to Dismiss on behalf of a group of Defendants facing foreclosure based upon robo-signed documents upon which the witness testimony presented to the state courts was not based upon any personal knowledge by the affiant who testified otherwise; result in the dismissal of more than 200 similar pending actions in the state.

Proctor v. Metropolitan Money Store Corp., 645 F.Supp.2d 464, 483 (D.Md.2009); Winston v. Regional Title & Escrow LLC, (U.S. Dist. Ct., Civ. Act. No. 08-2633-RWT) (D.Md. 2009)

  • Appointed Class Counsel for a settlement class representing part of the single largest foreclosure rescue scheme in the country with the Metropolitan Money Store Corporation.

Taylor v. Savings First et al..Cir. Ct. Balt. City, Case No. 24-C-02001635 (January 2008).

  • Appointed Class Counsel by state circuit court in mortgage broker fee scheme resulting in more than $8,000,000 being returned to class members. Appointed Class Council by state circuit court in certified class action against Wells Fargo.

Benway v. Resource Real Estate Services, 239 F.R.D. 419, (D.Md. 2006)

  • Appointed Class Counsel by federal court in nationwide illegal kick-back and referral scheme.

Robinson v. Fountainhead Title Group Corp., 447 F.Supp.2d 478 (D.Md. 2006); 252 F.R.D. 275 (D.Md. 2008)

  • Appointed Class Counsel by federal court in largest illegal kick-back and referral scheme in Maryland history.

Shorb et al. v. Draper & Goldberg, PLLC, Cir. Ct. of Fred. Cty., Case No. 10-C-04-002942 (October 2005)

  • Successfully petitioned for a modification to proposed cy pres award to include an award to Civil Justice to provide prospective relief to consumers who had been victim of certain predatory real estate practices while facing foreclosure and in bankruptcy.

Greer v. Crown Title Corp., Cir. Ct. Balt. City, Case No. 24-C-02001227 (September 2005)

  • Appointed Class Counsel by state circuit court in matter which settled and retuned 130% of over charges to Maryland homeowners deceived as part of illegal kick-back and referral scheme

Keneipp v. Fountainhead et al. (Civil Action No. 03-cv-02813-WMN) and Johnson v. Fountainhead (Civil Action No. 03-cv-03106-WMN) (November 2, 2005)

  • Appointed Class Counsel by the federal court in matters which settled and retuned 100% of over charges to Maryland homeowners deceived as part of illegal kick-back and referral scheme.

List of Sample Individual Impact Cases

Banks v. Rushmore Loan Management Services LLC, Montgomery County Cir. Ct. Civ No. 444995V (2019)

  • Obtained summary judgment against Rushmore and the owner of the loan for unfair and deceptive sales practices in failing to honor a loan modification on behalf of consumer, homeowners.

Holmes v. Safeguard Products International, LLC, Montgomery County Cir. Ct. Civ No. 443726V (2018)

  • Successfully defeated a motion for summary judgment and motion to compel arbitration

Elvaton Towne Condo. Regime II, Inc. v. Rose, 453 Md. 684, 162 A.3d 1027 (2017)

  • Successfully defending trial court ruling against a condominium’s illegal debt collection practices in violation of the Maryland Condominium Act and governing documents for the association.

Ceccone v. Carroll Home Servs., LLC, 454 Md. 680, 683, 165 A.3d 475, 476 (2017)

  • Served as amici to pro se appellant in action concerning when the statute of limitations may be reduced by contract.

White v. Green Tree Servicing, LLC, No. CIV.A. RDB-14-3295, F.Supp.3d, 2015 WL 4647944 (D. Md. Aug. 4, 2015)

  • Served as counsel for Maryland homeowner against her mortgage servicer who improperly declared her loan in default when she was current but trying to refinance with a different mortgage lender.  Homeowner is pursuing claims under Maryland law, the Real Estate Settlement Procedures Act, and the Fair Credit Reporting Act.

Wittstadt v. Reyes, No. CIV.A. DKC15-1263, 2015 WL 4232379 (D. Md. July 13, 2015)

  • Successfully argued motion to remand putative class action against a mortgage servicer, Green Tree Servicing, LLC, for illegal duel tracking a foreclosure sale of Maryland homeowner’s home in violation of the Real Estate Settlement Procedures Act.

Hastings v. Ocwen Loan Servicing, LLC, No. CIV.A. GLR-14-2244, 2014 WL 7188784, at *1 (D. Md. Dec. 16, 2014)

  • Serving as counsel in breach of a loan modification agreement and settlement agreement case brought under federal and state law.

Schneck v. SunTrust Mortgage, Inc., Case No. 11-1878—CCB (D. Md. 2013)

  • Obtained $175,000 judgment for homeowners seeking judgment for botched modification attempts under federal and state law.

In re Bolthouse, Case no. 10-17021 (Bolthouse v. PHH Mortgage Corporation (U.S.B.C. Md.)(July 22, 2013)

  • Obtained $175,000 non-confidential settlement for homeowners seeking judgment for botched modification attempts under federal and state law.

Marchese v. JPMorgan Chase Bank, N.A., 917 F. Supp. 2d 452 (D. Md. 2013)

  • Served as lead counsel through motions to dismiss stage and obtained favorable ruling that state law claims were properly stated against mortgage servicer for botched loss mitigation efforts.

Hollidayoke v. JBL Mortgage Network, LLC, et al, Anne Arundel Cir. Ct. Civ No. 02-C10-155944 (2012)

  • Served as lead counsel for all pre-trial and trial purposes; presented plaintiff’s Real Estate Settlement Procedures Act and state unfair and deceptive practice claims against mortgage defendants in six-day jury trial concerning the arrangement of payment option mortgages for a 72 year old consumer.

Boyd v. New Towne Properties LLC, US Bank. Ct., for Md. Case No. 08-00357, Final Judgment (June 2010).

  • Obtained final judgment of $104,000 for victims of foreclosure rescue scheme; achieved previous settlements for clients which reformed mortgage to loan amount at the time of the scam resulting in a return of $150,000 in equity.

Julian v. Buonassissi, 414 Md. 641 (2010)

  • Served as trial and appellant counsel for successful appeal the the Maryland Court of Appeals concerning the rights of mortgage backed security to property acquired by massive foreclosure rescue fraud in favor of client and victim.

Addison v. Lochearn Nursing Home, LLC, 411 Md. 251, 983 A.2d 138 (2009)

  • Served as trial and appellate co-counsel in opposing motion to compel arbitration; established that denials of motions to compel arbitration cannot be appealed in Maryland until a final order is entered in the trial court.

Harmon v. BankUnited, CIV. WDQ-08-3456, 2009 WL 3487808 (D. Md. Oct. 22, 2009)

  • Served as counsel in surviving a motion to dismiss a consumer protection act claim involving a payment option mortgage.

Massey v. Lewis, CIV. AMD 08-261, 2009 WL 6885028 (D. Md. Feb. 24, 2009)

  • Served as counsel at the trial level for victim of wide ranging bankruptcy and mortgage fraud scheme which resulted in criminal and civil judgments.       Through this representation, Ms. Massey received title to her home back as well as a judgment for damages and attorney fees in the amount of $670,000.

New Towne Properties LLC v. Boyd, Md. Court of Special Appeals (Case No. 2058) (10/17/2008)

  • Served as co-counsel at the trial level and counsel at the appellate level for homeowners victimized by a foreclosure rescue scheme. In this first impression case, the appellate court upheld the lower court ruling in favor of homeowners and the protections of a new state law to protect vulnerable homeowners.

Griffin v. Bierman, 403 Md. 186 (2008)

  • Served as trial and appellate co-counsel for homeowner challenging the constitutionality of Maryland foreclosure notice requirements; the Court of Appeals denied the challenge but the published decision aided the legislative reforms enacted a month later by the legislature and has tipped the deference to homeowners in Maryland’s foreclosure proceedings.

Delph v. AllState Home Mortgage, Mont. Cty. Cir Ct. Case No. 278020V (July 2008)

  • First judgment in Maryland to find a payment-option-arm mortgage loan to be unfair and deceptive pursuant to the state UDAP statute; successful remand motion reported at 478 F. Supp. 2d 852 (D. Md. 2008).

Wells Fargo Home Mortg., Inc. v. Neal, 398 Md. 705, 922 A.2d 538 (Md.,2007)

  • Co-counsel for the amici curiae.

List of Sample Speaker Engagements

2008

Maryland Cash Campaign

Title: Money Power Day

Homeowner Retention Workshop

Sponsor: Congressman Elijah Cummings

Consumer Rights Litigation Conference in Portland, OR

Title: Foreclosure

The Maryland Institute for Continuing Professional Education of Lawyers, Inc.

Title: Advanced Real Property Institute

2009

Consumer Rights Litigation Conference in Philadelphia, PA

Title: Foreclosure Consultant and Loan Modification Scams

Homeowner Retention Workshop

Sponsor: Congresswoman: Donna Edwards

Homeowner Retention Workshop

Sponsor: Congressmen: Steny Hoyer

2010

Maryland Department of Housing and Community Development and Civil Justice Inc. Title: New Foreclosure Prevention 101-A Beginner’s Guide

2011

Judicial Institute of Maryland

Title: Consumer Protection Law

Homeowner Retention Workshop

Sponsor: Maryland Department of Housing & Community Development

2015

Mortgage Training Conference in Washington, DC

Title: Discovery: Getting the Information You Need

Maryland State Bar Association Solo Day

Title: Doing Well by Doing Good: How to Sot a Good Consumer Case

2016

Mortgage Training Conference in Boston, MA

Title: Litigating Mortgage Cases Parts 1, 2, and 3

Consumer Rights Litigation Conference in Anaheim, CA

Title: Litigating Servicing Cases: Preparing and Presenting Mortgage Misconduct at Trial

2017

Fair Debt Collections Conference in New Orleans, LA

Title: FDCPA Claims Related to Mortgage Servicing

Mortgage Training Conference in Philadelphia, PA

Title: Dealing with Distressed Mortgage Purchasers

Consumer Rights Litigation Conference in Washington, DC
Title: Discovery Issues in Mortgage Servicing and Foreclosure Litigation

2018

Practicing Law Institute

Title: Representing the Pro Bono Client: Consumer Law Basics 2018

NAACP, Prince George’s County Chapter

Title: Foreclosure Defense Workshops

Consumer Rights Litigation Conference in Denver, CO

FDCPA Claims and Mortgage Foreclosures