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REPRESENTATIVE EXPERIENCE

Brian M. Forbes

Defend financial institution through trial in connection with claims brought under the Uniform Commercial Code
Defend financial institutions in putative class actions alleging violations of the federal Americans with Disabilities Act
Defend national mortgage servicer in putative class action alleging violations of Washington state statutes and common law claims in connection with property preservation activities
Defend national mortgage loan servicers in connection with various class actions alleging violations of the Fair Debt Collection Practices Act and state unfair and deceptive acts and practices statutes
Defend loan servicers and investors in response to subpoenas and civil investigative demands from state attorneys general and banking regulatory agencies related to mortgage servicing, foreclosures, and appraisal issues
Defend national mortgage loan servicers in putative class actions in Massachusetts, Delaware, New York, among other states, alleging state and federal law claims in connection with servicer conduct under the Home Affordable Modification Program (“HAMP”)
Defend national mortgage servicer in putative class action through successful appeal in West Virginia Supreme Court of Appeals in matter alleging violations of state law governing debt collection and raising issues regarding the enforceability of mandatory arbitration provisions
Defend national mortgage lender and appraisal management company in nationwide putative class action alleging violations of the Real Estate Settlement Procedures Act related to an affiliated business arrangement
Defend national mortgage loan servicers in connection with various class actions concerning lender-placed insurance
Defend loan servicer and investors in connection with litigation around the country related to the Mortgage Electronic Registrations System, Inc. (MERS), including defense of claims in the MERS multi-district litigation proceedings.
Defend national mortgage lender through successful trial and appeal in a class action alleging claims for violations of the Real Estate Settlement Procedures Act, the Racketeer Influenced and Corrupt Organizations Act, and the Maryland Consumer Protection Act, and for negligent misrepresentation, fraud, civil conspiracy and restitution/unjust enrichment in connection with the provision of services through an affiliated business arrangement
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