Mark J. Windham is an experienced litigator who has a focus in the realm of consumer law and represents banks, lenders, mortgage servicers, debt collectors and buyers, and government-sponsored enterprises (GSEs) in state and federal courts throughout the country.
Mark regularly represents creditors in proceedings under chapters 7, 11 and 13 of the U.S. Bankruptcy Code, with a particular focus on the overlap of bankruptcy and consumer protection laws, including claims under the FDCPA and FCRA.
Mark also handles adversary proceedings involving stay violations and preference actions. Mark employs alternative dispute resolution (ADR), including mediation and arbitration, in order to advance his clients’ interests in a cost-effective matter.
Mark has successfully counseled clients in cases throughout the country, including in matters in Alabama, Arizona, California, the District of Columbia, Florida, Georgia, Maryland, North Carolina, South Carolina and Tennessee.
While in law school at the University of North Carolina at Chapel Hill, Mark wrote for the North Carolina Banking Institute Journal. Mark also has a master’s degree in geographic information systems and has taught business courses in that field at the college level.
Mark provides analysis and commentary on legal and business developments in the consumer financial services industry through the Consumer Financial Services Law Monitor blog.
Representative Matters :
- Matveychuk v. One West Bank, FSB, 2013 U.S. Dist. LEXIS 182800 (N.D. Ga. Dec. 19, 2013) (obtained dismissal of a complaint that a Georgia nonjudicial foreclosure resulted in a denial of due process due to involvement of a GSE).
- Stabb v. GMAC Mortg., LLC, 579 Fed. App’x 706 (11th Cir. 2014) (obtained an order affirming dismissal of wrongful foreclosure and quiet title claims).
- Counsel for one of the nation’s largest loan servicers, in state and federal actions around the country involving claims under FCRA, FDCPA, RESPA, TCPA and TILA.
- Counsel for a large nonbank mortgage servicer in relation to consumer complaints made to the Consumer Financial Protection Bureau and to state regulatory agencies and attorneys general.
- Florida State University, M.S., 2006
- University of North Carolina, J.D., 2004, Member, North Carolina Banking Institute Journal
- Troy University, B.A., summa cum laude, 2001
BAR ADMISSIONS : Georgia
COURT ADMISSIONS :
- Supreme Court of Georgia
- U.S. Court of Appeals for the Eleventh Circuit
- U.S. Bankruptcy Court for the Northern District of Georgia
- U.S. District Court for the Northern District of Georgia
- U.S. District Court for the Middle District of Georgia
Rate : $$$