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 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
- 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 Fernando C. Rivera-Maissonet, Dennis N. Lueck Jr.
- 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 NYC Marathon.
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 and Southern Districts of New York
Languages
- Spanish