Professional Experience
Joy Harmon Sperling is a partner at Day Pitney LLP, where she is a member of the firm's Commercial Litigation department and chair of its Consumer Finance and Creditors' Rights practice group. Her practice primarily involves representing consumer lending institutions, such as mortgage lenders, as well as investors and servicers, in connection with the defense of claims by borrowers in individual and class-action claims throughout the nation. Her practice includes the defense and prosecution of mortgage fraud claims, along with the litigation of numerous cases involving federal and state lending regulations, such as the Truth in Lending Act, Real Estate Settlement Procedures Act, Home Owners' Equity Protection Act, and Fair Debt Collection Practices Act, as well as common law causes of action relating to the origination and enforcement of residential and commercial mortgage loans. Ms. Sperling also represents banking institutions in commercial collection and foreclosure matters. She assisted in the development of the firm's practice in these areas, including the creation and standardization of forms and supervision of numerous matters worth millions of dollars.
Part of Ms. Sperling's practice also centers around the area of estate litigation. She counsels clients on will construction suits and litigation involving executors and beneficiaries.
Ms. Sperling was listed in the 2011 edition of Chambers USA: America's Leading Lawyers for Business as a leading litigation lawyer in New Jersey. She has also been recognized by Super Lawyers in the area of bankruptcy and creditor/debtor rights and has been chosen for inclusion in The Best Lawyers in America, Banking Law, 2007-2011.
Ms. Sperling clerked for The Honorable Wilfred P. Diana, A.J.S.C., 1986-1987.
Representative Matters
· Representation of a mortgage lender in a suit brought in the Eastern District of Pennsylvania by borrowers who alleged violations under the Truth in Lending Act (TILA) as well as common law claims. After a three day bench trial, we obtained a dismissal of the claims pursuant to Fed. R. Civ. Proc. 52(c). The Third Circuit affirmed the dismissal by order dated October 7, 2011. Parker v. Long Beach Mortgage Co., et al., 534 F. Supp.2d 528 (E.D.Pa. 2008), aff'd, Parker v. F.D.I.C., No. 08-1151, 2011 U.S. App. LEXIS 20520 (3d Cir. Oct. 7, 2011).
· Representation of a collection agency in a suit brought by a debtor alleging violations by the defendant of the FDCPA. We obtained a dismissal of the complaint, pursuant to Fed. R. Civ. P. 12(b)(6). Stokes v. Computer Credit, Inc., No.10-cv-03103, 2011 U.S. Dist. LEXIS 29768 (D.N.J. Mar. 22, 2011).
· Representation of a collection agency and creditor in a suit brought by a debtor alleging violations of the Fair Credit Reporting Act (FCRA). We obtained summary judgment, which decision was affirmed by the Second Circuit. Sanders v. Citibank, 305 Fed App'x 750 (2d Cir. 2009)
· Representation of a bank in a suit brought in the Superior Court of New Jersey by a customer who claimed that she was entitled to damages as a result of her attempted deposit of two counterfeit checks. We obtained a dismissal of the Amended Complaint on a motion to dismiss, which dismissal was affirmed by the New Jersey Appellate Division. Khorozian v. Hudson United Bancorp, 2008 WL 2245434 (N.J. App. Div. June 3, 2008).
· Representation of a bank that made motor vehicle loans in the settlement of a statewide class action suit pending in the Superior Court of New Jersey, Hunterdon County, alleging claims under certain New Jersey laws including the Uniform Commercial Code (N.J.S.A. 12A:9-102 et seq.), the New Jersey Consumer Fraud Act (N.J.S.A. 56:8-1 et seq.), and the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (N.J.S.A. 56:12-14 et seq.).
· Representation of Risk Management Alternatives, Inc., a debt collector, in a purported class-action suit in the Eastern District of Pennsylvania alleging claims under the FDCPA. We were successful in defeating class certification based on the inadequacy of the class representative, resulting in the saving of thousands or millions of dollars to our client; Buzoiu v. Risk Mgmt. Alternatives, Inc., Civil Action No. 03-3579, 2004 U.S. Dist. LEXIS 11842, June 10, 2004, decided, June 14, 2004.
· Representation of Empire Funding Corp., a home equity lender, in a multistate class-action suit in the Eastern District of Pennsylvania relating to the purchase of home improvement loans; the suit alleged violations of TILA, the FDCPA, and state law claims. We were successful in extensively limiting the class certified by the court. Williams v. Empire Funding Corp., et al., 183 F.R.D. 428 (E.D.Pa. 1998).
· Representation of ContiMortgage Corporation, a home equity lender, in a national class-action suit in federal court in Massachusetts alleging violations of TILA and various state disclosure laws. Settled without class certification, without payment of counsel fees and for nominal amounts to named plaintiffs.
· Representation of ContiMortgage Corporation in a national class-action suit involving 32,000 class members in federal court in Massachusetts alleging wrongful payment of broker premiums and wrongful charging of satisfaction fees, as well as violations of the Racketeer Influenced and Corrupt Organizations Act (RICO), Real Estate Settlement Procedures Act (RESPA), TILA, and various state statutes. We worked with the client to reach a settlement with plaintiffs' counsel that was extremely beneficial to the client, and saved hundreds of thousands of dollars in legal fees.
· Representation of lenders and collection agencies in individual actions involving claims under TILA, the Fair Billing Practices Act, the FCRA, and the FDCPA.
· Representation of a lender in the landmark case in New Jersey that resulted in the first reported decision rejecting the imposition of a fiduciary duty on a lending bank in its relationship with a borrower, and in a precedent-setting truth-in-lending case; Globe Motor Car Co. v. First Fidelity Bank, N.A., 273 N.J. Super. 388 (Law Div. 1993).
· Representation of credit card companies in actions under the FCRA in numerous actions by cardholders brought in the state and federal courts in New Jersey and New York.
News, Publications & Presentations
· Moderator, American Conference Institute, "In-House Roundtable on Preventing & Managing Litigation Related to Mortgage Modification, Foreclosure and Problems Specific to Depository Institutions," Consumer Finance Class Actions & Litigation, January 26-27, 2012
· Speaker, American Conference Institute, Consumer Finance Class Actions & Litigation, October 26 - 28, 2011
· Co-author, "Third Circuit Holds "Later-Served" Rule Applies to Removal in Multiple Defendant Cases," Day Pitney Alert, October 21, 2011
· Co-author, "Case Study: Delalla V. Hanover Insurance," Law360, October 20, 2011
· Featured, "Seventy-two Day Pitney Lawyers Named to Best Lawyers List for 2012," Day Pitney Press Release, October 4, 2011
· Co-author, "NJ Supreme Court Rules Consumer Fraud Act Applies to Post-foreclosure Judgment Forbearance Agreements," Day Pitney Alert, September 9, 2011
· Co-author, "New Jersey Supreme Court Clarifies the Standard for Principals' Individual Liability for Corporate Regulatory Violations," Day Pitney Alert, July 25, 2011
· Co-author, "New Jersey Appellate Court Announces Standard for Obtaining Summary Judgment in an Action to Collect on a Revolving Credit Account," Day Pitney Alert, July 22, 2011
· Co-author, "Extending Liability To Limited Partners In NJ," Law360, July 12, 2011
· Co-author, "New York Federal and State Courts Question MERS Assignments," Bloomberg's Banking & Finance Law Report, July 2011
· Featured, "Chambers USA 2011 Names 45 Day Pitney Attorneys as 'Leading Lawyers for Business'," Day Pitney Press Release, June 10, 2011
· Co-author, "Case Study: NJ Treasury V. Merrill Lynch," Law360, May 27, 2011
· Co-author, "Case Study: Huertas V. Galaxy," Law360, April 27, 2011
· Featured, "Thirty-three Day Pitney Attorneys Named New Jersey Super Lawyers," Day Pitney Press Release, March 31, 2011
· Co-author, "Federal Court Rules Widely-Used Mortgage System Ineffective to Permit Foreclosures," Bloomberg Bankruptcy Law Report, March 28, 2011
· Co-author, "FDCPA Liability: Do Lawyers Need Protection Too?" Law360, March 22, 2011
· Co-author, "New Jersey Court Analyzes Counterclaim Waiver Provision in Commercial Loan Documents," Day Pitney Alert, February 24, 2011
· Co-author, "Enforcing a Debt When the Lender Is Not in Possession of the Note," New Jersey Law Journal, February 11, 2011
· Co-author, "Ruling in B of A Loan Modification Case a Victory for Lenders," American Banker, February 4, 2011
· Co-author, "NJ Case Outlines Blueprints for Affidavits," Mortgage Daily, February 3, 2011
· Co-author, "New Jersey Court Rules That Lost Note Does Not Preclude Foreclosure," Day Pitney Alert, January 20, 2011
· Speaker, "New Reality for Bankers and Lawyers Who Handle Defaulted Commercial Loans," New Jersey Bankers Association, December 7, 2010
· Co-author, "Federal Reserve Announces New Rule for Home Appraiser Independence," Day Pitney Alert, October 26, 2010
· Co-author, "Dodd-Frank Act Ushers in New Regulations for Mortgage Originators," Day Pitney Alert, August 24, 2010
· Co-author, "Massachusetts Enacts New Law Governing Mortgage Foreclosures," Day Pitney Alert, August 16, 2010
· Featured, "Seventy-six Day Pitney Lawyers Named to Best Lawyers for 2011," Day Pitney Press Release, August 9, 2010
· Co-author, "New Jersey Consumer Fraud Act: Principals Can Be Held Personally Liable for Company's Regulatory Violations," Day Pitney Alert, July 1, 2010
· Co-author, "Supreme Court: Legal Error Not A Defense To FDCPA Action," Day Pitney Alert, April 27, 2010
· Co-author, "Obama Administration Announces New Mortgage Principal Reduction Plan," Day Pitney Alert, April 7, 2010
· Co-author, "Federal Government's Foreclosure Alternatives Program Takes Effect On April 5, 2010," Day Pitney Alert, March 16, 2010
· Featured, "Fifteen Day Pitney Attorneys Named in Super Lawyers Corporate Counsel Edition," Day Pitney Press Release, February 24, 2010
· Co-author, "President Obama Signs Into Law The Credit Card Accountability, Responsibility And Disclosure Act Of 2009," The Metropolitan Corporate Counsel, August 2009
· Featured, "Seventy-seven Day Pitney Partners Named to Best Lawyers 2010," Day Pitney Press Release, July 30, 2009
· Co-author, "President Obama Signs into Law the Credit Card Accountability, Responsibility and Disclosure Act of 2009," Day Pitney Alert, June 1, 2009
· "Will President Obama's Homeowner Affordability and Stability Plan Really Assist in Reducing Litigation By and Against Borrowers or is It Merely a Temporary Fix?" Homeowner Affordability and Stability Act, Aspatore Books, May 2009
· Speaker, "Trends in Litigation by Borrowers/Consumers Against Lenders," New Jersey Bankers Association Convention, May 15, 2009
· Co-author, "Compliance with Home Valuation Code of Conduct Required as of May 1," Day Pitney Alert, April 30, 2009
· Featured, "Thirty Three Day Pitney Attorneys Named New Jersey Super Lawyers," Day Pitney Press Release, April 1, 2009
· Co-author, "Homa v. American Express: Third Circuit Voids Class-Arbitration Waiver Provision," Day Pitney Alert, March 10, 2009
· Quoted, "Attorneys say foreclosure prevention program is stalling settlements, mediations," National Law Journal, March 3, 2009
· Co-author, "President Obama Unveils Homeowner Affordability and Stability Plan," Day Pitney Alert, February 27, 2009
· Co-author, "New Jersey Passes 'Mortgage Stabilization and Relief Act' to Assist Borrowers," Day Pitney Alert, January 27, 2009
· Featured, "75 Day Pitney Partners Named Among The Best Lawyers in America® 2009 Ranked #1 in New Jersey and #2 in Connecticut," Day Pitney Press Release, December 11, 2008
· Co-author, "New Jersey Passes 'Save New Jersey Homes Act of 2008' to Extend Foreclosure Protection to New Jersey Families," Day Pitney Alert, October 17, 2008
· "Federal Reserve Adopts New Rule To Offer Broader Protections For Borrowers," Day Pitney Alert, July 28, 2008
· "Joy Harmon Sperling on The Decision by Judge Michael B. Kaplan of the United States Bankruptcy Court for the District of New Jersey, Holding That a Bankruptcy Trustee May Not Use Strong-Arm Powers Under 11 U.S.C. § 544 to Avoid a Debtor's Sale of Mortgages, Stalford v. Lion Financial, LLC (In re Lancaster Mortgage Bankers, LLC)," LexisNexis® Expert Commentary, July 2008
· "Joy Harmon Sperling on the Groundbreaking Decision in Massachusetts v. Fremont Investment," LexisNexis® Expert Commentary, April 2008
· Interviewed, "The Subprime Mortgage Crisis: Everything You Wanted to Know And A Few Things You Didn't," The Metropolitan Corporate Counsel, December 2007
Awards and Achievements
· Chosen for inclusion in Chambers USA Legal Directory as a leading litigation attorney in New Jersey, 2011
· Chosen for inclusion in The Best Lawyers in America, Banking Law, 2007-2012
· Recognized as a New Jersey Super Lawyer in the area of bankruptcy & creditor/debtor rights, 2005, 2009-2011
· Recognized as a Super Lawyer, Corporate Counsel edition, 2010
· AV rated by Martindale-Hubbell