Practice Areas - Business Litigation
- Mortgage Banking
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- Banking and Financial Services
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| Contact Info | Telephone: (312) 840-7013
Fax: (312) 840-7900
http://www.burkelaw.com/staff/leann+pedersen+pope
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| University | Carthage College, B.A., 1979 |
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| Law School | The John Marshall Law School, J.D., with high honors, 1983 |
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| Admitted | State of Illinois, U.S. District Court for the Northern District of Illinois, U.S. Supreme Court, United States Court of Appeals, First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, and Eleventh Circuits, member of the Northern District of Illinois Trial Bar. Special admission to practice in courts in New York, New Jersey, Rhode Island, Massachusetts, Missouri, Texas, California, Arizona, Florida, Alabama, Louisiana, Connecticut, Minnesota, Vermont, Ohio, Maryland, Michigan, Pennsylvania, Arkansas, Nevada, West Virginia, and the U.S. Virgin Islands |
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| Memberships | American Bar Association (Class Actions and Derivative Suits Committee, Litigation Section); Mortgage Bankers Association of America (Legal Issues Committee). |
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| Born | Harlan, Iowa, June 16, 1957 |
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| Biography | Ms. Pope, chair of the Firm's Consumer Financial Services Class Action Defense Group, maintains a national business litigation practice concentrating in class action defense and multi-district litigation. Since the proliferation of class action litigation against the mortgage banking industry began more than 20 years ago, Ms. Pope has successfully defended several of the country's major banks and mortgage banking companies in over 200 nationwide class action cases filed in federal and state courts throughout the country. These cases involve numerous federal claims, including civil conspiracy claims under the Racketeer Influenced and Corrupt Organizations Act, claims for violation of the Real Estate Settlement Procedures Act, the Cranston-Gonzales Act, the Truth in Lending Act, the Home Ownership Equity Protection Act, the Fair Credit Reporting Act, the Fair Debt Collection Practices Act, the Fair Housing Act, and the Telephone Consumer Protection Act. These cases also involve claims for violation of state consumer fraud statutes, including numerous cases asserting violations of Calif. Bus. & Prof. Code § 17200, breach of contract, and common law fraud claims. These class actions challenge a variety of origination and mortgage servicing practices, such as the suspension of HELOC accounts, Option Arm loans, escrow practices, fees charged at payoff, lender placed insurance, flood insurance, property inspection fees, document preparation fees, private mortgage insurance, late fees, default fees, fees charged at origination, yield spread premiums, discount points, bankruptcy fees, loan modifications, as well as alleged predatory lending and servicing practices. Ms. Pope frequently counsels mortgage banking clients on managing class action risk and compliance with federal and state laws and is a frequent speaker on class action litigation involving the mortgage banking industry. Ms. Pope is a member of the Mortgage Bankers Association of America (MBAA) and serves on its Legal Issues Committee. She is also a member of the American Bar Association and a member of the Class Actions and Derivative Suits Committee of the ABA Litigation Section.
Ms. Pope earned her B.A. from Carthage College in 1979 and was awarded her J.D., with high honors, from The John Marshall Law School in 1983.
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| Reported Cases | Price v. Washington Mutual Bank, 2010 WL 1416706 (Bkrtcy. N.D.Ala. April 8, 2010) (dismissed class action alleging defendants assessed unapproved post-petition fees and charges to debtors' accounts).Malcolm v. JPMorgan Chase Bank, N.A., 2010 WL 934252 (N.D.Cal. March 15, 2010) (dismissed claims alleging defendant violated TILA by relying on AVMs to suspend home equity credit lines).Rodriguez v. Bear Stearns Companies, Inc., 2009 WL 5184702 (D.Conn. Dec 22, 2009) (summary judgment against plaintiffs in a nationwide racial discrimination claim for "predatory servicing" under the Fair Housing Act, 42 U.S.C. § 3601, et seq.).Quezada v. Loan Center of California, Inc., et al., 2009 WL 5113506 (E.D.Cal. Dec 18, 2009) (class certification denied in nationwide class action asserting claims for fraud and violation of California's Unfair Competition Law, Cal. Bus. & Prof. Code, § 17200, et seq., arising from the origination of option arm loan products).Webb v. Chase Manhattan Mortgage Corporation, 2008 WL 2230696 (S.D.Ohio May 28, 2008) (summary judgment against plaintiffs in nationwide class action challenging lender placed hazard insurance premiums).Fitts v. Chase Manhattan Mortgage Corporation, 2006 WL 3432296 (N.J. Super. A.D. Nov 30, 2006) (affirmed summary judgment dismissing class action arising out of attorneys' fees and costs charged in connection with bankruptcy proceedings).Charleswell v. Chase Manhattan Bank, N.A., 223 F.R.D. 371 (D.Vir.Isl. 2004) (class certification denied in case alleging fraud, violation of the Racketeering Influenced Corrupt Organizations Act (RICO) and other claims arising out of lender placed insurance).Porcher v. Chase Manhattan Mortgage Corporation, 898 So.2d 153, 2005 WL 545115 (Fla. App. 4 Dist. March 9, 2005) (reversed trial court's order certifying a nationwide class involving alleged payment processing errors).Sosa v. Chase Manhattan Mortgage Corporation, 348 F.3d 979 (11th Cir. 2003) (affirmed dismissal of a class action alleging violation of RESPA arising out of the charging of various fees at origination).Hosfeld v. Weyerhaeuser Mortg. Co., 2003 WL 22229255 (N.D.Ill. Sep 26, 2003) (MDL 899 In re Mortgage Escrow Deposit Litigation) (denied nationwide class certification in a case alleging improper escrow accounting practices).Lester v. Percudani, 217 F.R.D. 345 (M.D.Pa. 2003) (class certification denied in a RICO conspiracy case against the developer and lender involving the purchase of allegedly overpriced home in the Poconos).Mann v. Chase Manhattan Mortg. Corp., 316 F.3d 1 (1st Cir. 2003) (affirmed dismissal of a nationwide class action alleging violation of Section 362 of the Bankruptcy Code for assessing late fees and attorneys' fees to Chapter 13 debtors' accounts).Ploog v. HomeSide Lending, Inc., 2001 WL 1155288 (N.D.Ill. Sept 28, 2001) (class certification denied in a nationwide class action alleging failure to respond to qualified written requests in violation of RESPA). |
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| ISLN | 904364277 |
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