Robert D. Bailey
Robert D. Bailey
Partner
He/Him
"Practicing law requires a balance of service to clients, the community, and my colleagues at the firm."
Robert D. Bailey
Partner
He/Him
"Practicing law requires a balance of service to clients, the community, and my colleagues at the firm."
About Robert
Robert has broad-based appellate and trial court experience representing banking institutions, mortgage lenders and servicers, and trusts in contested foreclosures, bankruptcy proceedings, title claims, and contract litigation. He also defends clients facing claims brought under Real Estate Settlements Procedures Act (RESPA), Truth in Lending Act (TILA), Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA), Telephone Consumer Protection Act (TCPA), and state statutes concerning wrongful foreclosure, mortgage servicing claims, and debt collection.
Robert also advises his clients in banking and finance on regulatory compliance matters and handles appeals, mediation, and arbitration.
Areas of Focus
Industries:
Services:
- Alternative Dispute Resolution (ADR);
- Appellate;
- Complex Commercial Litigation ;
- Consumer & Class Action Defense;
- Fair Credit Reporting Act (FCRA);
- Fair Debt Collection Practices Act (FDCPA);
- Financial Services Litigation ;
- Financial Services Regulatory & Compliance;
- Litigation & Trial;
- Mortgage Lending & Servicing Litigation ;
- Real Estate Transactions & Lending;
- Regulatory & Compliance ;
- Telephone Consumer Protection Act (TCPA);
- White Collar Defense, Investigations & Enforcement
Experience
- Represented national mortgage servicer on appeal before the New Jersey Appellate Division. A condominium association argued that a lender's assignee that took possession of a condominium unit and thereafter winterized the unit and changed the locks was a "mortgagee in possession" of that unit, responsible for the payment of condominium fees and assessments. The Appellate Division rejected this theory, determining that these discrete actions were not sufficient to render the lender's assignee a mortgage in possession.
Recognition
- Boston College Law School, The Wendell F. Grimes Moot Court Competition, Best Brief Award; Uniform Commercial Code Reporter-Digest, Executive Editor
Credentials
Education
- Boston College Law School, JD, 2004
- Boston College, MBA, 2004
- Massachusetts College of Art and Design, BFA, 1994
Bar Admissions
- New Jersey
- New York
Court Admissions
- US Court of Appeals for the Second Circuit
- US Court of Appeals for the Third Circuit
- US District Court for the District of New Jersey
- US District Court for the Eastern District of New York
- US District Court for the Northern District of New York
- US District Court for the Southern District of New York
Thought Leadership
Publications
- "New Jersey's Appellate Division Rejects Foreclosure Defendant's Argument that a Reinstatement Quote is an Enforceable and Binding Settlement Agreement," The PIB Legal Blog, April 4, 2019
Press Release
Interests
Inspired by his family of educators, Robert went to college to become an art teacher. If he were not practicing law, he would most likely be teaching art or serving as an administrator in the education department of an arts or cultural organization.
Community/Civic Activities
- New Jersey Office of Attorney Ethics, District XIII Ethics Committee, Attorney Member
- Gill St. Bernard's School, Mock Trial Attorney Coach
- Kids in Need of Defense (KIND), Volunteer
Thought Leadership
Publications
- "New Jersey's Appellate Division Rejects Foreclosure Defendant's Argument that a Reinstatement Quote is an Enforceable and Binding Settlement Agreement," The PIB Legal Blog, April 4, 2019
Press Release
Robert's Insights
Press Release
Aug 26, 2021
Hinshaw Expands in Northeast Adding New Jersey Office and Eight Lawyers
Press Release
Aug 26, 2021
Hinshaw Expands in Northeast Adding New Jersey Office and Eight Lawyers
