Kassia Fialkoff

Kassia Fialkoff: Attorney with Duane Morris LLP

Biography

Kassia Fialkoff practices in the area of commercial litigation, banking litigation and creditors' rights matters. She practices in both federal and state court at the trial and appellate levels. Ms. Fialkoff has experience advising corporate clients on compliance with consumer protection statutes, real estate and title issues, and consumer finance/lender liability.

Ms. Fialkoff regularly represents financial institutions in litigation matters involving lender liability, enforcement of creditors' rights, consumer lending, title defects, and consumer protection claims. She has represented clients against claims brought under the Truth in Lending Act (TILA), Real Estate Settlement Procedures Act (RESPA), Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA), Home Ownership and Equity Protection Act (HOEPA), Uniform Commercial Code (UCC) and Consumer Fraud Statutes. She also has experience representing creditors in all aspects of Chapter 7, 11 and 13 bankruptcy cases.

Experience

•Duane Morris LLP
- Associate, 2013-present
•Shapiro & Denardo LLC
- Associate, 2013
•Udren Law Offices, P.C.
- Associate, 2011-2013

Areas of Practice (4)

  • Commercial Litigation
  • Bankruptcy and Creditors' Rights Litigation
  • Consumer Lending Litigation
  • Mortgage Foreclosure

Education & Credentials

Contact Information:
215 979 1977  Phone
215 689 4429  Fax
www.duanemorris.com/attorneys/kassiafialkoff.html
University Attended:
Yeshiva University, B.A., 2007
Law School Attended:
Florida Coastal School of Law, J.D., 2010
Year of First admission:
2011
Admission:
Florida; Pennsylvania; U.S. District Court for the District of New Jersey; U.S. District Court for the Eastern District of Pennsylvania; New Jersey
Reported Cases:
Representative Matters: Won a dismissal with prejudice on behalf of a loan servicing company in the Southern District of Florida against a mortgagor who filed a suit alleging violations of the Real Estate Settlement Procedures Act ( RESPA ) and its implementing regulation, Regulation X, 12 C.F.R. 1024.36. The court held the mortgagor failed to allege actual damages and the alleged violation was not sufficient to support a pattern or practice entitling the mortgagor to statutory damages.; Won summary judgment for TD Bank in the Southern District of Florida, in an action in which plaintiff alleged a violation of a non-disparagement clause by the reporting of accurate, negative, account information to the credit reporting agencies. The Court found both factual and legal bases warranted dismissal of Plaintiff's claim.; Obtained summary judgment on behalf of a loan servicer in the United States District Court for the Eastern District of Pennsylvania against a title insurance company who refused to provide a defense on all counts of a complaint alleging that the insured mortgage was not properly notarized and therefore, not enforceable. The court held that the in for one, in for all rule applied to title insurance policies, and that the title insurance company was therefore required to reimburse the loan servicer for its defense costs relating to the defense of the uncovered claims.; Obtained summary judgment on behalf of a financial services company in a contested foreclosure matter in favor of Deutsche Bank National Trust Company, as Trustee of a certain collateralized residential mortgage trust.; Counsel to lender in a quiet title action to obtain reinstatement of fraudulently discharged mortgage.; Obtained an order permitting a mortgagee to record a copy of a mortgage in the chain of title, and declaring that the mortgage is a valid lien of first priority against the property.; Obtained United States citizenship on behalf of a 67-year-old Liberian client who came to the United States after living in a Refugee Camp in the Republic of Guinea for more than a decade as a result of the Second Liberian Civil War.; Defended a national creditor against a claim brought under the Unfair Trade Practices and Consumer Protection Law for an purported predatory loan. Summary judgment granted.; Obtained an order on behalf of Ocwen Loan Servicing, LLC, setting aside a sheriff sale due to a fraud by the mortgagor and a fatal title defect in the mortgage, three years after the recording of the sheriff's deed.; Obtained an order from the Bankruptcy Court for the Eastern District of Pennsylvania excluding a supposed expert Certified Fraud Analyst from testifying regarding a secured creditor's compliance with the pooling and servicing agreement.; Obtained an order from the Bankruptcy Court for the Eastern District of Pennsylvania on behalf of Ocwen Loan Servicing, LLC, allowing a secured creditor to proceed to a sheriff's sale on foreclosed property after not having been paid for 11 years.; Obtained an order from the Delaware Supreme Court on behalf of Ocwen Loan Servicing, LLC, reversing a grant of summary judgment in favor of a borrower in a foreclosure action. Borrower's motion asserted that the investor on a loan serviced by Ocwen was not the proper party to bring the foreclosure action.
ISLN:
922671259

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