Samuel C. Bodurtha defends mortgage lenders and servicers in individual and class action claims involving residential mortgage loan origination, transfers and assignments, and foreclosure.
He has extensive experience working with clients on cases arising from allegations of mortgage fraud, predatory lending, and violations of consumer protection statutes such as the :
- Truth in Lending Act (TILA);
- Real Estate Settlement Procedures Act (RESPA);
- Home Ownership and Equity Protection Act (HOEPA);
- Homeowners Protection Act (HPA); and
Sam also represents lenders, servicers and their agents in municipal tax sales and redemptions, in title clearing actions, and in response to code violation proceedings.
A portion of Sam’s practice is also dedicated to representing insurance companies and attorneys in coverage and professional liability matters, respectively. In the area of insurance specifically, Sam helps his clients with coverage opinions, pursuing declaratory actions related to coverage disputes and defends them in breach of contract and bad faith actions.
Sam is a member of the Hinshaw’s Asian American Affinity Network. Before joining the firm, he was an associate with one of Rhode Island’s largest litigation firms, where he handled cases involving products liability, premises liability, transportation law, insurance coverage, corporate successor liability, and insurance defense.
Representative Matters :
- Obtained defense verdict in a complaint challenging foreclosure and pre-foreclosure loan modification review that included causes of action for fraud, breach of contract, unfair and deceptive trade practices, and violations of the California Homeowners Bill of Rights.
- Obtained summary judgment to enforce a lost note and authorize foreclosure under Massachusetts law over borrower’s objection and opposition to the lost note affidavit evidence and legal right to enforce.
- Obtained summary judgment in defense of a lawsuit claiming fraud and unfair and deceptive trade practices in the accounting of borrowers’ modified mortgage loan payments.
- Obtained summary judgment in an FDCPA lawsuit where the borrowers claimed wrongful debt collection practices on allegations that their mortgage loan was void from the start because the loan originator was not licensed or approved by the Commonwealth of Massachusetts.
- Obtained dismissal of a complaint for lack of standing in which the mortgagor challenged foreclosure on grounds that the loan transferred into trust in violation of the Pooling and Servicing Agreement.
- Obtained summary judgment in defense of a contested foreclosure action in which the borrower challenged the authority of the foreclosing mortgagee based upon claims of an invalid assignment of mortgage and improper foreclosure.
- Obtained summary judgment in defense of a complaint to rescind a mortgage for alleged violations of the Massachusetts Consumer Credit Cost Disclosure Act on the grounds that borrowers’ receipt of one Notice of Right to Cancel satisfied truth in lending disclosure requirements at origination.
Professional Affiliations :
- Mortgage Bankers Association
- Rhode Island Bar Association
- J.D., cum laude, Case Western Reserve University School of Law, 2004
- B.A., cum laude, Bowdoin College, 1999
- Rhode Island
- U.S. District Court for the District of Massachusetts
- U.S. District Court for the District of Rhode Island
Rate : $$$$