Samuel Bodurtha defends mortgage lenders and servicers in individual and class action claims involving residential mortgage loan origination, transfers and assignments, and foreclosure. He has extensive experience working with clients on cases arising from allegations of mortgage fraud, predatory lending, and violations of consumer protection statutes such as the:
- Truth in Lending Act (TILA);
- Real Estate Settlement Procedures Act (RESPA);
- Home Ownership and Equity Protection Act (HOEPA);
- Homeowners Protection Act (HPA); and
- Fair Credit Reporting Act (FCRA).
Sam also represents lenders, servicers and their agents in municipal tax sales and redemptions, in title clearing actions, and in response to code violation proceedings.
A portion of Sam's practice is also dedicated to representing insurance companies and attorneys in coverage and professional liability matters, respectively. In the area of insurance specifically, Sam helps his clients with coverage opinions, pursuing declaratory actions related to coverage disputes and defends them in breach of contract and bad faith actions.
Sam is a member of the Hinshaw's Asian American Affinity Network. Before joining the firm, he was an associate with one of Rhode Island's largest litigation firms, where he handled cases involving products liability, premises liability, transportation law, insurance coverage, corporate successor liability, and insurance defense.
- Mortgage Bankers Association
- Rhode Island Bar Association
Honors & Awards
- Recognized as "Rising Star" by New England Super Lawyers magazine, 2014 – 2017
- Case Western Reserve University School of Law
- Dean's Honor List
- Paul J. Hergenroeder Award for Excellence in Trial Tactics
- Bowdoin College
- Hannibal Hamlin Emery Latin Prize for Excellence in the Study of Classical Latin
- Case Western Reserve University School of Law
- Obtained defense verdict in a complaint 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 California Homeowners Bill of Rights.
Obtained summary judgment to enforce a lost note and authorize foreclosure under Massachusetts law over borrower's objection and opposition to the lost note affidavit evidence and legal right to enforce.
Obtained summary judgment in defense of a lawsuit claiming fraud and unfair and deceptive trade practices in the accounting of borrowers' modified mortgage loan payments.
Obtained summary judgment in an FDCPA lawsuit where the borrowers claimed wrongful debt collection practices on allegations that their mortgage loan was void from the start because the loan originator was not licensed or approved by the Commonwealth of Massachusetts.
Obtained dismissal of a complaint for lack of standing in which the mortgagor challenged foreclosure on grounds that the loan transferred into trust in violation of the Pooling and Servicing Agreement.
- Obtained summary judgment in defense of a contested foreclosure action in which the borrower challenged the authority of the foreclosing mortgagee based upon claims of an invalid assignment of mortgage and improper foreclosure.
Obtained dismissal of a complaint filed under the federal Homeowners Protection Act, for which class certification was sought, on the grounds that the act's disclosure requirements did not extend from loan originator or apply to a subsequent holder and assignee of the mortgage loan.
Obtained dismissal of a complaint to quiet title and enjoin foreclosure on the grounds that the borrower lacked standing to challenge the assignment of mortgage and failed to allege facts sufficient to contest the origination, transfer and possession of a promissory note.
Obtained summary judgment in defense of a complaint to rescind a mortgage for alleged violations of the Massachusetts Consumer Credit Cost Disclosure Act on the grounds that borrowers' receipt of one Notice of Right to Cancel satisfied truth in lending disclosure requirements at origination.
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 First Circuit Court of Appeals.
Additional experience includes:
- Kelly v. Deutsche Bank National Trust Company, as Trustee, 789 F.Supp.2d 262 (D. Mass. 2011)
- Financial Resources Network, Inc. v. Brown & Brown, Inc., 754 F.Supp.2d 128 (D. Mass. 2011)
- Panelist, "The Pitfalls of Foreclosure Delay: Statute of Limitations Defense and Property Preservation," Hinshaw's Peer-to-Peer Financial Services Forum: The Frontlines of Mortgage Servicing, Virtual Event, March 30, 2021
- "Legal Ethics: Top Mistakes that Lead to Malpractice," National Business Institute Seminar, Providence, Rhode Island, June 2018
- "Professionalism in the Workplace," Roger Williams University School of Law, Bristol, Rhode Island, March 2018
- "Professionalism in the Work Place," Roger Williams University School of Law, Bristol, Rhode Island, March 2015
- "Legal Ethics of Email," National Business Institute Seminar, Providence, Rhode Island, June 2014
Sam serves as co-editor of Hinshaw's Consumer Financial Services blog, hinshawcfs.com. His other publications include:
- Co-Author, "Rhode Island" Chapter, American Bar Association's 50-State Survey of Legal Malpractice Law
- August 30, 2018
- June 25, 2018Project from Start to Move-In Took Only Nine Months
- April 24, 2017
- January 4, 2013
- July 2, 2012
- In a Win for Mortgage Servicers, Massachusetts Supreme Court Finds Mandatory Notice of Right to Cure in Notice of Default is Not Potentially Deceptive Kevin W. Manganaro, Samuel C. Bodurtha
- Payment Deferral Now an Option for Borrowers in Fannie Mae and Freddie Mac COVID-19 Forbearance Plans
- Congress is Nearing a $2 Trillion Stimulus Deal, Here's What it Means for Loan Servicers
- FDCPA Claims Dismissed As a Result of Plaintiff's Bad Faith Bankruptcy Conduct
- First Circuit Reverses Course in Closely-Watched Pre-Foreclosure Notice Decision, Defers to Massachusetts Supreme Judicial Court
- A Reminder for Borrowers: Post-Discharge Communications by Creditor Must Coerce or Harass in Order to Violate Bankruptcy Law
- Another Court Refuses Lost Note Status to a Successor Lender
- A New HUD Rule for Reverse Mortgages, with Additional Rule Changes Proposed in Congress
- A Missing Massachusetts Promissory Note's Outsized Potential Impact on Foreclosures
- Treasury Echoes Trump: Deregulate to Improve Financial Systems Vaishali S. Rao, Samuel C. Bodurtha
Consumer Crossroads: Where Financial Services and Litigation Intersect
- June 30, 2016
- January 29, 2016
- September 29, 2015
- July 20, 2015
- April 30, 2015
- August 6, 2014
- August 3, 2011
Sam lives in Rehoboth, Massachusetts with his wife, their two children and a Bernese Mountain dog.
J.D., cum laude, Case Western Reserve University School of Law, 2004
B.A., cum laude, Bowdoin College, 1999
- Rhode Island
- U.S. District Court for the District of Massachusetts
- U.S. District Court for the District of Rhode Island