Fernando C. Rivera-Maissonet counsels mortgage banking institutions and servicers in litigated foreclosure, declaratory, quiet title and breach of contract actions. He has defended clients against a variety of claims, including alleged violations of the Truth in Lending Act (TILA), Real Estate Settlement Procedures Act (RESPA), New York General Business Law § 349 and New York Banking law §§ 6-l and 6-m. With appearances in New York State Supreme Courts and the New York Appellate Divisions, Fernando also has substantial experience in state 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 situation.
Professional Background
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
- NYC Bar Association, Former Member
- NYSBA, Former Member
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
- 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 Fernando C. Rivera-Maissonet, Matthew B. Corwin
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., Business Administration; Accounting and Finance, University of Dayton, 2007
Admissions
- New York
- U.S. District Court for the Eastern District of New York
Languages
- Spanish