Attorney Profile:

Kassia Fialkoff

KF

Biography

Kassia Fialkoff practices in the area of commercial litigation, banking litigation and creditors' rights matters . She has represented financial institutions in litigation matters involving enforcement of creditors' rights, consumer lending, consumer protection and defense of all manners of lender liability claims.

Ms. Fialkoff regularly represents clients in a variety of matters, including 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 in both state and federal courts.

Ms. Fialkoff also assists clients in minimizing losses on non-performing portfolios through loan restructuring and asset recovery. 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
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.; 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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