Menu
Profile
Representative Matters
Publications
Personal

Fernando C. Rivera-Maissonet counsels financial institutions in a variety of matters including litigated foreclosure, declaratory judgment, quiet title and breach of contract actions, and complaints brought by the New York State Department of Financial Services. He defends clients against a variety of claims, including alleged violations of the Truth in Lending Act (TILA), Real Estate Settlement Procedures Act (RESPA), Fair Debt Collection Practices Act (FDCPA), New York General Business Law § 349, and New York Banking Law §§ 6-l and 6-m. With appearances in the U.S. District Court for the Eastern District of New York and New York State Supreme Courts and Appellate Divisions, Fernando also has substantial experience in courts throughout New York.

From intake to resolution, Fernando works with his clients to ensure they are informed throughout the litigation process. By evaluating loss mitigation alternatives and settlement offers, Fernando is able to provide his clients with strategies and cost-effective solutions tailored to their business objectives.

Prior to joining Hinshaw, Fernando was a senior associate attorney for a financial services litigation firm. He also worked at several other firms throughout New York State bolstering his experience in financial services matters. Additionally, Fernando interned with the Niagara County District Attorney's Office.

Professional Affiliations

  • New York City Bar Association
  • New York State Bar Association

Representative Matters

Mortgage Lender Litigation

Statute of Limitations: Successfully defended lender before the appellate division against allegations that the lender's foreclosure action was time-barred based on the language of a pre-commencement letter.

Standing to Foreclose: Successfully defended against motions to dismiss lenders' actions for lack of standing to foreclosure and for sanctions, which were affirmed on appeal by the New York Appellate Divisions.

Improper Trial Court Orders: Successfully vacated several dispositive trial court orders issued pursuant to improper statutory grounds including CPLR §§  3215(c), 3216, 3404, and thereby allowed the lenders to continue the prosecution of the action and not be subject to a potential loss of lien.

Blog Posts

Personal

Fernando is an active member of a New York City based running club and a finisher of the 2017 NYC Marathon.

Community/Civic Activities

  • Journey's End Refugee Services, Inc., Former Volunteer

J.D., SUNY Buffalo Law School, 2010

B.S., University of Dayton, 2007