Fernando C. Rivera-Maissonet has more than a decade of experience actively counseling financial institutions on various legal issues, 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 regularly defends financial institutions in claims based on consumer protection statutes such as 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, among others.
From intake to resolution, Fernando keeps his clients closely informed throughout the litigation process. By evaluating risk and settlement alternatives, Fernando provides his clients with strategies and cost-effective solutions tailored to their business objectives.
Fernando is co-chair of the firm’s Hispanic Latino Affinity Network (HLAN). Before joining the firm, he was a senior associate attorney at a financial services litigation firm.
Professional Affiliations
- New York State Bar Association
- Hispanic National Bar Association
- Business Law Section, Vice Chair, 2022 – 2023
- Litigation and Dispute Resolution Section
- Mortgage Bankers Association
- Conference on Consumer Finance Law (CCFL)
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.
News
Blog Posts
- Landmark New York Court of Appeals Decision Clarifying Calculation of Statute of Limitations in Mortgage Foreclosure Actions Fernando C. Rivera-Maissonet, Brian S. McGrath, Schuyler B. Kraus
- Second Circuit Finds HUD Assignees Immune from State Statute of Limitations Claims
- New York Court of Appeals Finds There is "No Checklist" to Prove Standing to Foreclose, While Leaving Newly-Enacted RPAPL 1302-a for Another Day
- Governor Cuomo Extends New York Mortgage Foreclosure Moratorium, But With Exceptions…
- La Boom! Second Circuit Detonates Expanding Circuit Split over Auto-Dialer Definition Under TCPA
- Legal Guidance Watch: Second Circuit Nostra Sponte Certifies a Series of Mortgage Lender Compliance Questions to New York Court of Appeals
- Second Circuit Re-Emphasizes that FDCPA Claims Must Allege a Material Representation
- New York's Highest Court to Determine Whether Voluntary Discontinuance Revokes Acceleration of Debt
- Creditors Beware: Collection of Debt Based on Unreasonable Belief/Understanding That the Debt Was Not Discharged in Bankruptcy Might Lead to a Finding of Civil Contempt
- Second Circuit Affirms Dismissal of Consumer Plaintiff Avila’s Challenge to the Safe Harbor She Established in Avila I
- CFPB Proposes New Rules to Modernize Application of the FDCPA
- A New Bright-Line Rule in New York Courts: Plead or Move, But a Borrower Can't Just Deny Standing to Challenge Foreclosure
- New York Mandates New Consumer Protections for Relatives of Deceased Debtors
- New York Court Slams Door on Lender's Revocation of Acceleration of Entire Mortgage Debt by Voluntary Discontinuance—but Leaves Latch Ajar
- Consumer Plaintiff Avila Sues Using the Safe Harbor Precedent She Established in Avila Decision—and Loses
Consumer Crossroads: Where Financial Services and Litigation Intersect
Personal
Fernando is an active member of a New York City-based running club and a finisher of the 2017 and 2019 NYC Marathons.
Community/Civic Activities
- Journey's End Refugee Services, Inc., Former Volunteer
Education
J.D., SUNY Buffalo Law School, 2010
B.S., University of Dayton, 2007
Admissions
- New York
- U.S. Court of Appeals for the Second Circuit
- U.S. Bankruptcy Court for the Southern District of New York
- U.S. District Court for the Eastern, Southern, and Western Districts of New York
Languages
- Spanish