Maura McKelvey's practice focuses primarily on the representation of mortgage servicers, lenders, and trustees of securitized mortgage trusts in matters alleging predatory lending, mortgage fraud, violation of consumer protection statutes, and challenges to mortgage holders' right to foreclose. She regularly defends claims asserting violations of TILA, RESPA, HAMP, and the FDCPA. Ms. McKelvey also represents lenders, servicers and their agents and vendors in claims arising out of contested foreclosures and evictions in Massachusetts and Rhode Island state courts. Her practice further includes assisting clients in a wide range of title and lien disputes to find creative and cost effective resolutions to these matters. Ms. McKelvey served as the co-Defense Liaison Counsel in the In re. Mortgage Foreclosure Cases, 11-mc-88-M-LDA consolidated docket pending in the United States District Court for the District of Rhode Island from 2011-2013. She successfully argued on behalf of all defendants in the consolidated appeal before the First Circuit Court of Appeals, Fryzel v. Mortg. Elec. Registration Sys., Inc., 719 F.3d 40, 44–46 (1st Cir.2013).
Ms. McKelvey has also represented broker dealers and registered representatives in securities arbitrations before the Financial Regulatory Authority (FINRA, formerly NASD) in more than 25 sales practices arbitrations, defending a broad array of claims for these clients, including suitability, misrepresentation, unauthorized trading, failure to supervise and violations of state and federal securities statutes. Ms. McKelvey has jointly handled five arbitrations from the time of filing the statement of claim through award or dismissal.
She has assisted clients in defending professional liability claims and in commercial litigation disputes. Ms. McKelvey has represented attorneys, insurance agents, corporate directors and officers, and realtors in Massachusetts state and federal courts, as well as in Rhode Island state courts. She has also represented numerous insurers in coverage disputes brought in state and federal courts in Massachusetts and New Hampshire.
Ms. McKelvey joined Hinshaw & Culbertson LLP in July 2005 to open the firm's Boston office. Previously she was, for six years, an associate with the Boston law firm of Cetrulo & Capone LLP, where she practiced in the areas of professional liability, insurance coverage and securities litigation. Before joining Cetrulo & Capone, she was an associate at Davis, White & Pettingell, LLP, also in Boston.
Ms. McKelvey is a member of Hinshaw's Management Committee and Executive Committee. She previously served as co-chair of the firm's Consumer Financial Services Practice Group.
A selection of Ms. McKelvey’s reported decisions includes:
- Obtained a defense verdict for a mortgage servicer client following a jury trial on allegations of breach of contract, negligence and violation of the Massachusetts consumer protection statute arising out of the servicer's purchase of force placed insurance on behalf of the borrower.
- Obtained judgment in favor of a mortgage servicer client in an Adversary Proceeding before the U.S. Bankruptcy Court where the debtor challenged the mortgage servicer's actions in relation to her modification requests and the mortgage holder's standing to foreclose based on the assignment of mortgage.
- In re Augilar, 2010 WL 2598622 (Bkrtcy D. Mass. June 23, 2010).
- Dash v. Chicago Insurance Company, 2004 Westlaw 1932760 (D. Mass. August 23, 2004).
- Arruda v. Sears Roebuck & Company, 310 F. 3rd 13 (1st Cir. 2002).
- In re: Perrone, 284 B.R.315 (Bkrtcy. D. Mass. 2002).
- Ross v. Home Insurance Company, 146 N.H. 468, 773 A.2d 654 (2001).
- Bianco P.A. v. Home Insurance Company, 144 N.H. 288, 786 A.2d 829 (2001).
- Home Insurance Company v. St. Paul Fire & Marine Ins. Co., et al., 229 F.3d 56 (1st Cir. 2000).
- "Cheap Beer or Economic Harmony: With the Dissolution of Import Barriers, Should Excise Duties in the EU be 'Harmonized' Also?," Vol. XVIII, No. 2, Boston College International and Comparative Law Review, 1995.
- May 18, 2016Appointments Serve to Re-Generate and Add to Diversity of Firm Leadership
- May 18, 2016
- Maura McKelvey's Appeal to First Circuit in the Rhode Island In re: Mortgage Foreclosure Cases Docket Receives National AttentionFebruary 6, 2013
- August 3, 2011
- July 5, 2011
- May 5, 2011
- March 1, 2011
- February 9, 2011
J.D., Boston College Law School, 1995
- Member, Boston College International and Comparative Law Review
B.A., with distinction, University of Michigan, 1992
- New York
- Rhode Island
- U.S. Court of Appeals for the First Circuit
- U.S. District Court for the District of Massachusetts
- U.S. District Court for the District of Rhode Island