Served as lead national counsel for Wells Fargo, U.S. Bank, Bank of America, and MERS (through local counsel) in the proceedings before the United States District Court for the Northern District of West Virginia and the United States Court of Appeals for the Fourth Circuit. The case involved allegations that Defendants: (1) improperly securitized a loan thereby rendering it invalid; (2) lost original loan documents and committed or condoned so-called “robo-signing” with respect to the transfer of a note and deed of trust; (3) improperly force-placed escrow following the non-payment of taxes; (4) engaged in bad faith loss mitigation and violated HAMP by failing to provide a loan modification; (5) breached a contract to provide loss mitigation; (6) committed fraud; (7) violated TILA, RESPA, and other federal statutes; (8) violated the West Virginia Consumer Credit and Protection Act, and (9) committed one or more breaches of contract. All of the claims were dismissed on Defendants’ motions to dismiss and for summary judgment, and the orders dismissing the case were upheld on appeal.

Wittenberg v. First Indep. Mortgage Co., 3:10-CV-58, 2011 WL 1357483 (N.D.W. Va. Apr. 11, 2011); Wittenberg v. Wells Fargo Bank, N.A., 852 F. Supp. 2d 731 (N.D.W. Va. 2012) aff'd sub nom. Wittenberg v. First Indep. Mortgage Co., 12-1323, 2013 WL 3929082 (4th Cir. July 31, 2013); see also McFadden v. Fed. Nat. Mortgage Ass'n, 525 F. App'x 223 (4th Cir. 2013); James v. Vanderbilt Mortgage & Fin., Inc., No. 3:11CV498-MOC-DSC, 2012 WL 441170 (W.D.N.C. Jan. 23, 2012) aff'd, 3:11CV498, 2012 WL 440355 (W.D.N.C. Feb. 10, 2012); In re Moore, 470 B.R. 390 (Bankr. S.D.W. Va. 2012); In re Gloria J. Wolfe, 09-1326, 2012 WL 996927 (Bankr. N.D.W. Va. Mar. 23, 2012); Down v. Flagstar Bank, F.S.B., No. 3:10-CV-847, 2011 WL 1326961 (E.D. Va. Apr. 4, 2011); Wolfe v. Greentree Mortgage Corp., No. 3:09-CV-74, 2010 WL 391629 (N.D.W. Va. Jan. 26, 2010); Clendenin v. Wells Fargo Bank, N.A., No. 2:09-CV-00557, 2009 WL 4263506 (S.D.W. Va. Nov. 24, 2009); Manning et al v. Wells Fargo Bank, N.A., No. 1:2009-cv-00083 (N.D.W. Va. June 19, 2009); Capparelli v. AmeriFirst Home Imp. Fin. Co., 535 F. Supp. 2d 554 (E.D.N.C. 2008).

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