Kassia Fialkoff practices in the area of commercial litigation, banking litigation and creditors’ rights matters. She practices in both federal and state court at the trial and appellate levels. Ms. Fialkoff has experience advising corporate clients on compliance with consumer protection statutes, real estate and title issues, and consumer finance/lender liability.
Ms. Fialkoff regularly represents financial institutions in litigation matters involving lender liability, enforcement of creditors’ rights, consumer lending, title defects, and consumer protection claims. She has represented clients against claims brought under the Truth in Lending Act (TILA), Real Estate Settlement Procedures Act (RESPA), Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA), Home Ownership and Equity Protection Act (HOEPA), Uniform Commercial Code (UCC) and Consumer Fraud Statutes. She also has experience representing creditors in all aspects of Chapter 7, 11 and 13 bankruptcy cases.
- Vacated a six-figure final judgment entered against a bank client six months after it was entered, following the filing of a Rule 60 motion.
- Obtained summary judgement on behalf of a bank client in a ruling by the Superior Court in and for the State of Maine, dismissing plaintiff’s claims for breach of contract, rescission, negligent misrepresentation, equitable estoppel, and promissory estoppel.
- Obtained a summary judgement in the United States District Court for the District of Maine on behalf of a bank client on negligence based claims related to water damage to three condominium units in Maine in which the Plaintiffs were seeking a half a million dollars in damages.
- Obtained an order permitting a mortgagee to record a copy of a mortgage in the chain of title, and declaring that the mortgage is a valid lien of first priority against the property.
- Obtained United States citizenship on behalf of a 67-year-old Liberian client who came to the United States after living in a Refugee Camp in the Republic of Guinea for more than a decade as a result of the Second Liberian Civil War.
- Obtained an order on behalf of Ocwen Loan Servicing, LLC, setting aside a sheriff sale due to a fraud by the mortgagor and a fatal title defect in the mortgage, three years after the recording of the sheriff’s deed.
- Obtained an order from the Bankruptcy Court for the Eastern District of Pennsylvania excluding a supposed expert “Certified Fraud Analyst” from testifying regarding a secured creditor’s compliance with the pooling and servicing agreement.
- Obtained an order from the Bankruptcy Court for the Eastern District of Pennsylvania on behalf of Ocwen Loan Servicing, LLC, allowing a secured creditor to proceed to a sheriff’s sale on foreclosed property after not having been paid for 11 years.
- U.S. District Court for the Eastern District of Pennsylvania
- New Jersey
- U.S. District Court for the District of New Jersey
- U.S. District Court for the Southern District of Florida
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