Hinshaw & Culbertson LLP is pleased to announce that Schuyler Kraus, partner-in-charge of the firm's New York and Washington, D.C., offices, has been selected by Crain's New York Business among its 2024 Notable Leaders in Accounting, Consulting & Law.

Hinshaw & Culbertson LLP is pleased to announce that partner and past Government Practice Group Leader Robert T. Shannon has been named Managing Partner. In addition to appointing Mr. Shannon as Managing Partner, Hinshaw Chairman Kevin Joseph Burke announced several new leadership appointments to the firm's Management Committee, Practice Group, and Partner-in-Charge positions. 

The national law firm of Hinshaw & Culbertson LLP is pleased to announce that Richard G. De La Mora, Schuyler B. Kraus, Michael M. Marick, and Maura K. McKelvey have been appointed to the firm's Management Committee. The seven-member Management Committee is Hinshaw's highest governing body. Mr. De La Mora, Mr. Kraus, Mr. Marick and Ms. McKelvey join the other sitting members of the Management Committee: Robert J. Romero, Peter D. Sullivan and Todd M. Young.

In mid February, the New York State Court of Appeals handed down a landmark decision in favor of mortgagees in a series of cases insiders had nicknamed the "Mortgage Prom." At issue were disputes over the timeliness of mortgage foreclosure claims, with the court ruling providing a bright line rule for determining what constitutes an acceleration of a mortgage debt for purposes of calculating the statute of limitations.

Schuyler Kraus, a New York-based Partner in the Consumer & Class Action Litigation Practice at Hinshaw & Culbertson LLP, was quoted in the article, “New York Stalls Housing Rebound Protecting Defaulters: Mortgages,” which appeared in the January 23, 2013, issue of The Washington Post. His opinion was sought concerning the impact that New York laws protecting borrowers have on the efficient and final resolution of contested foreclosure cases. Mr. Kraus represents mortgage lenders, servicers and investors in state and federal actions defending against claims including mortgage fraud, predatory lending, violations of state and federal consumer protection statutes and claims brought under TILA, RESPA and HOEPA. Mr. Kraus's federal practice includes the representation of secured creditors in adversary proceedings and objections to claims filed in New York Bankruptcy Courts.

Hinshaw partners Lauren Campisi, Schuyler Kraus, Brian McGrath, Maura McKelvey, and Akeela White will present at the Mortgage Bankers Association's premier conference on Legal Issues and Regulatory Compliance. The conference will take place in San Diego, California, from May 5th to 8th, 2024. Hinshaw is a sponsor of the event, which is designed for legal and compliance professionals working in real estate finance. Attendees will receive the latest information on regulatory initiatives, litigation, legislation, and enforcement activity that affects the industry. The conference will also have interactive sessions to ensure an engaging experience for the participants.

Hinshaw is a proud sponsor of the Mortgage Bankers Association's Legal Issues and Regulatory Compliance Conference 2022!

Hinshaw's Schuyler Kraus and Lauren Campisi will present at the Mortgage Bankers Association's Legal Issues & Regulatory Compliance Conference 2021. Kraus' presentation, titled "Regulatory Development/Post Pandemic Track: State Trends and Issues," will take place on May 25, 2021. Campisi, an author of the MBA publication "Compliance Essentials: Telephone Consumer Protection Act (TCPA) Resource Guide," will present a Litigation Forum on the TCPA on May 26.

Increased regulatory enforcement is on the horizon. Foreclosure activities will eventually resume. Consumer litigation will follow.

On May 10, 2021, ruling on an issue of first impression, the U.S. Court of Appeals for the Second Circuit in Maddox v. Bank of New York Mellon Trust affirmed denial of BNY Mellon's motion for judgment on the pleadings, finding that plaintiffs have Article III standing to sue over the alleged violation of legal interests created by New York State statute. The ruling has important implications for mortgage lenders and their servicers.

Last year, as we reported, the Second Circuit requested that the New York Court of Appeals rule on two certified questions concerning predicate notices in foreclosure actions. On March 30, 2021, the Court of Appeals issued its decision in Schiffman on the questions certified by the Second Circuit concerning New York Real Property Actions and Proceedings Law (RPAPL) §§ 1304 (90-day predicate notice) and 1306 (pre-foreclosure filing with the superintendent of banks).

The New York Court of Appeals reversed four Appellate Division decisions and decided in favor of the mortgagees in a consolidated decision issued on February 18, 2021, ruling, inter alia, that:

U.S. Supreme Court Unanimously Rules that Chapter 7 Debtors Cannot Void Liens of Junior Lienholders Even if Property Is Underwater