Samuel C. Bodurtha

• Obtained dismissal of a class action complaint filed in Rhode Island federal court under the Homeowners Protection Act (HPOA) on the grounds that HPOA disclosure requirements did not extend from the loan originator or apply to a subsequent holder and assignee of the mortgage loan.
• Obtained dissolution of an automatic injunction of foreclosure and eviction actions imposed on all contested foreclosure actions filed in the Rhode Island federal court and reformation of a mandatory settlement program following a successful appeal and mandamus petition filed in the US Court of Appeals for the First Circuit.

Successful Trial Verdicts:

• Secured a plaintiff’s verdict following a trial in the Rhode Island federal court for an equitable assignment of mortgage claim after the borrower successfully challenged record title assignment.
• Obtained defense verdict in a California Superior Court case challenging foreclosure and pre-foreclosure loan modification review that included causes of action for fraud, breach of contract, unfair and deceptive trade practices, and violations of the Homeowner Bill of Rights (HBOR).

Amicus Briefs:

• Authored an amicus brief to the First Circuit Court of Appeals and the Massachusetts Supreme Judicial Court in support of overturning a Massachusetts court decision invalidating a foreclosure on a notice of default that strictly complied with the mortgage and with Massachusetts law.
• Authored amicus brief to the Maine Supreme Court in favor of reconsidering a prior court decision that prohibited re-filing judicial foreclosure suits dismissed for lack of standing to sue.