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Photo of Consumer Crossroads: Where Financial Services and Litigation Intersect Fernando C. Rivera-Maissonet
Litigation Counsel
FRiveraMaissonet@hinshawlaw.com
212-471-6200
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Fernando C. Rivera-Maissonet counsels mortgage banking institutions and servicers in litigated foreclosure, declaratory, quiet title and breach …

Showing 2 posts by Fernando C. Rivera-Maissonet.

New York Court Slams Door on Lender's Revocation of Acceleration of Entire Mortgage Debt by Voluntary Discontinuance—but Leaves Latch Ajar

The State of New York's Appellate Division for the Second Department has now addressed the issue of whether a lender's voluntary discontinuance of a judicial foreclosure action, whether by court order or stipulation of the parties, is sufficient evidence of a lender's intent to revoke the acceleration of the entire mortgage debt. Unfortunately for mortgage lenders, the court determined voluntary discontinuance is not sufficient. More ›

Consumer Plaintiff Avila Sues Using the Safe Harbor Precedent She Established in Avila Decision—and Loses

Following the Second Circuit's 2016 decision in Avila v. Riexinger & Associates (Avila I), consumer plaintiff Annmarie Avila returned to court in Avila v. Reliant (Avila II) to sue for violations of the Fair Debt Collection Practices Act (FDCPA) under the so called "safe-harbor" provision she helped establish in her previous successful appeal. More ›

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