Maura McKelvey's Appeal to First Circuit in the Rhode Island In re: Mortgage Foreclosure Cases Docket Receives National Attention
In The News | 1 min read
Feb 6, 2013
Maura McKelvey, a Partner at Hinshaw & Culbertson LLP, was quoted in The National Law Journal's February 6, 2012 article, “Banks Claim Judge's Foreclosure Stay Violates Due Process.” The U.S. Court of Appeals for the First Circuit, including Justice David Souter, sitting by designation, heard arguments concerning a Petition for Writ of Mandamus and an appeal of the U.S. District Court for the District of Rhode Island's order requiring the defendants in every case assigned to the In re: Mortgage Foreclosure Cases docket to participate in a mandatory mediation program without first determining personal or subject matter jurisdiction over the defendants or claims, and "staying" all defendants assigned to the docket from undertaking nonjudicial foreclosure actions or pursuing evictions in state court. Ms. McKelvey appeared and presented the oral argument on behalf of all of the defendants in the more than 143 consolidated cases. She urged the court to find that the district court in In re Mortgage Foreclosure, Misc. No. 11-mc-88-M, violated the defendants’ due process rights by ordering the parties into mandatory mediation before determining personal and subject matter jurisdiction over the defendants and by applying its "stay" as an injunction without providing the enjoined defendants with notice or an opportunity to be heard prior to entry of its order.
Ms. McKelvey's practice includes the representation of mortgage lenders and servicers in cases alleging mortgage fraud, predatory lending and violation of consumer protection statutes relative to loan origination and servicing. These matters include claims arising under TILA, RESPA, HOEPA, HAMP and Mass. Gen. Laws ch. 93A, and lawsuits arising out of contested foreclosures and evictions in Rhode Island and Massachusetts state and federal courts.
Featured Insights

In The News
Oct 1, 2026
Jennifer Driscoll Discusses Emerging Antitrust Risks Tied to Social Media Algorithms

Healthcare Alert
Sep 30, 2026
Feeding Better Outcomes: The OIG’s Compliance Roadmap for Food-As-Medicine Programs

Consumer Crossroads: Where Financial Services and Litigation Intersect
Sep 30, 2026
Illinois Supreme Court Delivers a Third Key Win for Mortgage Lenders

In The News
Sep 28, 2026
Carol Rooney and Adam Topel Co-Author Article on Recent Developments in Appellate Advocacy

In The News
Sep 28, 2026
Lucy Wang Discusses New Landmark California Wildfire Insurance Reforms

Event
September 27–29, 2026
Hinshaw Partners Discuss Key Compliance and Litigation Issues at the 2026 MBA Conference

Press Release
Sep 24, 2026
Hinshaw Recognized as a 2027 “Powerhouse in Litigation” by BTI Consulting

Press Release
Sep 22, 2026
Vaishali Rao Selected as a Global 2026 INvolve Heroes Role Model





