Mortgage Civil

GARY KLEIN, ESQUIRE

KLEIN KAVANAGH COSTELLO, LLP

** ******** ******

Boston, MA 02114

Email: abo1m2@r.postjobfree.com://www.kkcllp.com

Curriculum Vitae

PROFESSIONAL EXPERIENCE

KLEIN KAVANAGH COSTELLO, LLP BOSTON, MA

January 2012 - present

Mr. Klein is a lead partner in this nationally known litigation firm

specializing in consumer class actions and litigation, with a particular focus

on unfair banking practices, civil rights and products liability. KKC is court

appointed lead counsel in seven multidistrict litigation proceedings.

RODDY KLEIN & RYAN BOSTON, MA

January 2001December 2012

Mr. Klein was a partner in the firm. At RKR he directed numerous

successful litigation projects, many of which are summarized below.

G.KLEIN CONSULTING MEDFORD, MA

January 2001present

Mr. Klein provides consulting and expert testimony on a variety of

consumer credit issues.

NATIONAL CONSUMER LAW CENTER -- BOSTON, MA

19912000

Mr. Klein was a Senior Attorney and Director of the Center s Sustainable

Homeownership Initiative. He was responsible for managing a wide range of

grants and contracts, for writing many of the Center s well known

publications on consumer law, and for various consulting and advocacy

projects. His legislative advocacy included successfully lobbying Congress

in 1994 in support of the Homeownership and Equity Protection Act

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(HOEPA) and organizing opposition to credit industry efforts to revise the

nation s bankruptcy laws. Mr. Klein also served as co-counsel or as a

consultant in more than 200 class action and individual consumer cases.

NEW HAMPSHIRE LEGAL ASSISTANCE MANCHESTER, NH.

1991

Mr. Klein was managing attorney supervising an office of six attorneys and

three legal advocates. He litigated predatory lending cases and contested

bankruptcy issues.

COMMUNITY LEGAL SERVICES, INC. -- PHILADELPHIA, PA.

19851991

Mr. Klein specialized in housing, consumer, bankruptcy, utility, and

domestic violence law for low-income Philadelphians in a preeminent legal

services program. During his tenure, Mr. Klein tried more than 40 cases in

various courts primarily addressing consumers' claims against finance

companies for unfair lending practices.

LAW CLERK TO THE HONORABLE BRUCE I. FOX, UNITED

STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT

OF PENNSYLVANIA

September, 1987 - September, 1988

EDUCATION

J.D. Rutgers University - Newark, 1985 (Editor in Chief: Civil Rights Law

Journal)

B.A. Yale University, 1980

BAR ADMISSIONS

United States Supreme Court

Supreme Judicial Court of Massachusetts

Supreme Court of Pennsylvania (inactive)

Supreme Court of New Hampshire (inactive)

First, Second, Third Fifth, Sixth, Seventh and Ninth Circuit Courts of

Appeals

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PROFESSIONAL ASSOCIATIONS

Lawyers Committee for Civil Rights Under Law of the Boston Bar

Association (Board of Directors)

American Bankruptcy Institute (former member, Board of Directors)

Coalition for Consumer Bankruptcy Education (former member,

Board of Directors)

National Association of Consumer Bankruptcy Attorneys (former

Director)

National Association of Consumer Attorneys (Issues Committee

Member)

Lawyers Clearinghouse on Affordable Hsg. and Homelessness

(former Steering Committee member)

Boston Bar Association (member and former co-chair Class Action

Subcommittee)

Public Justice (member) (nominee for Trial Lawyer of the Year

2004)

Loyola Consumer Law Review (Advisory Board Member)

St. John s University, LL.M in Bankruptcy Program (Advisory Board

Member)

Peer Rated AV Preeminent and a Massachusetts Super Lawyer

PROFESSIONAL ACTIVITIES

Representative Litigation Projects

Court Appointed Interim Co-Lead Counsel, In re JPMorgan Chase

Mortgage Modification Litigation, 11-md-02290 RGS (D. Mass) (challenge

to Chase s failure to permanently modify troubled mortgages in the HAMP

program).

Court Appointed Interim Co-Lead Counsel, In re Bank of America Home

Affordable Modification Program (HAMP) Contract Litigation, 10-md-

02193 RWZ (D. Mass) (challenge to BOA s failure to honor commitments

to modify mortgages).

Court Appointed Interim Co-Lead Counsel, In re Porsche Cars North

America, Inc. Plastic Coolant Tubes Products Liability Litigation, 11-md-

2233 (S.D. Ohio) (products liability case challenging Porsche s failure to

replace defective coolant tubes).

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Court Appointed Co-Lead Counsel, In Re Ameriquest Mortgage Co.

Mortgage Lending Practices Litigation, MDL No. 1715 (N.D. Ill.)

(challenge to subprime mortgage lending practices).

Court Appointed Co-Lead Counsel, In re Wells Fargo Mortgage Lending

Practices Litigation, 08-cv-1930 MMC (N.D. Cal.) (pending challenges to

discriminatory mortgage lending practices).

Court Appointed Co-Lead Counsel, In re Countrywide Financial Corp.

Mortgage Lending Practices Litigation, MDL No. 1974 (W.D. Ky.)

(pending challenges to discriminatory mortgage lending practices).

Lead Counsel, Ramirez v. Greenpoint Mortgage Funding, Inc., C08-0369

(N.D. Cal.) (class action settlement of mortgage lending discrimination

claims asserting disparate impact of lender s discretionary loan mark-up

policies).

Lead Counsel, Allen v. Decision One Mortgage Co., 07-cv-11669-GAO (D.

Mass.) (class action settlement of lending discrimination claims).

Co-Lead Counsel, Payares v. JPMorgan Chase & Co., 2:07-cv-05540-AG-

AN (C.D. Cal.) (settlement of nationwide class action alleging mortgage

lending discrimination).

In re Household Lending Litigation, Case No. C

02-1240CW (N.D. Cal.)

(settlement of nationwide class action based on predatory lending practices).

Curry v. Fairbanks Capital Corporation, 2004 WL 3322609, 03-10875-

DPW (D. Mass.) (settlement of nationwide class action based on predatory

loan servicing practices).

Coleman v. General Motors Acceptance Corp., et al.,

3-98-0211

(M.D.Tenn.) (class action settlement in case of first impression on the

application of the Equal Credit Opportunity Act to discriminatory auto

financing practices).

Mey v. Herbalife International, Inc., Civil Action Number, 01-263M (Ohio

County, W. VA) (class settlement of claims under the federal Telephone

Consumer Protection Act).

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Pettway v. Harmon Law Offices PC, C.A. No. 03-10932 (D. Mass) (class

settlement of claims for overcharges against foreclosure law firm).

Vieau v. AGFA Corp. et al., C.A. No. 06-11320 (D. Mass) (class action

settlement in connection with failure to provide necessary maintenance and

service to lessors of digital photographic processing equipment).

Mendez v. Island Finance Corporation, 03-1075-JAF (D. P.R.) (settlement

of class action alleging violations of the Truth in Lending Act).

Kent et al. v. Western Massachusetts Electric Co., HAMPCV 2001-00232

(Ma. Sup.) (settlement of consumer claims related to utility overcharge

based on misclassification of billing rate).

Dwyer et al. v. NSTAR, Inc. et al., No. SUCV2001-01817 (Ma. Sup.)

(settlement of consumer claims related to utility overcharge).

Cason v. Nissan Motors Acceptance Corp., et al., 3-98-0223 (M.D.Tenn.)

(settlement of class action case on the application of the Equal Credit

Opportunity Act to discriminatory auto financing practices).

Mazola, et al. v. May Co. Dep t. Stores, Inc., C.A. 97-10872 NG (D. Mass.)

(successful class action obtaining restitution and damages for unlawful

bankruptcy reaffirmation practices).

In re: Ocwen Loan Servicing, LLC Mortgage Servicing Litigation, 491 F.3d

th

638 (7 Cir. 2007).

In re Hoskins, 102 F.3d 311 (7th Cir. 1996).

Lomas Mortgage Co. v. Louis, 82 F. 3rd 1 (1st Cir. 1995).

Counsel for Amicus Curiae, Field v. Mans, 516 U.S. 59 (1995).

Bosque v. Wells Fargo Bank, N.A., 762 F. Supp. 2d 342 (D.Mass., 2011).

Durmic v. J.P. Morgan Chase Bank, N.A., Civil Action No. 10-CV-10380-

RGS, 2010 WL 4825632

(D. Mass).

Ramirez v. Greenpoint Mortgage Funding, Inc., 633 F. Supp. 2d 922 (N.D.

Cal. 2010).

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Miller v. Countrywide Bank, NA, 571 F. Supp. 2d 251 (D. Mass. 2009).

In re Cano, 410 B.R. 506 (Bankr. S.D.Tex., 2009)

In re Ameriquest Mortgage Co. Mortgage Lending Practices Litigation,

2007 WL 1202544 (N.D.Ill., 2007).

Pettway v. Harmon Law Offices, P.C., 2005 WL 2365331, (D. Mass. 2005).

Scott v. Fairbanks Credit Corp., 284 F. Supp. 2d 880 (S. D. Ohio, 2003).

Myers v. Federal Home Loan Mortgage Co., 175 B.R. 122 (Bankr. D. Mass.

1994).

In re Fleet, 122 B.R. 910 (Bankr. E.D. Pa. 1990).

In re Milbourne, 108 B.R. 522 (Bankr. E.D. Pa. 1989).

In re Russell, 72 B.R. 855 (Bankr. E.D. Pa. 1987).

Expert Witness

United States Congress, Subcommittee on the Constitution, Civil Rights and

Civil Liberties, Protecting the American Dream II: Combating Predatory

Lending Under the Fair Housing Act (April, 2010).

United States Congress, Senate Banking Committee, Consumer Credit and

Bankruptcy (April, 1999).

United States Congress, Joint Subcommittee on Court Oversight, House and

Senate Judiciary Committees, Reforming American Bankruptcy Laws

(March, 1999).

Mallory v. Mortgage America, et al., United States District Court for the

District of West Virginia, (February, 1999) (mortgage lending abuses).

United States Congress, Senate Committee on Aging, Consumer Counseling

and Prevention of Lending Abuses Involving Elderly Homeowners (January,

1999).

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Interclaim Holdings Ltd, et al. v. Down et al., Court of Queen s Bench of

Alberta, Supreme Court of British Columbia (1999) (telemarketing fraud

claims by United States residents against

insolvent Canadian companies).

Lopez v. Delta Funding, et al., United States District Court for the Eastern

District of New York (December, 1998) (high rate home equity lending

abuses affecting elderly borrowers).

United States Congress, Senate Banking Committee, Senate Oversight

Hearing on Bankruptcy(March 1998).

National Bankruptcy Review Commission, Reforming the Consumer

Bankruptcy System (hearings during January, 1997 to October, 1997).

Massachusetts Office of Consumer Affairs and Business Regulation,

Investigation of Unfair and Deceptive Mortgage Lending Practices

(November, 1997).

United States Congress, Senate Judiciary Committee, Proposed Consumer

Bankruptcy Amendments (June, 1994).

Representative Publications

Causes of the Subprime Foreclosure Crisis and the Availability of Class

Action Responses 2 Northeastern University Law Journal 137 (Spring

2010) (with Shennan Kavanagh).

Editor, Consumer Bankruptcy Law and Practice, The Consumer Credit and

Legal Practice Series (National Consumer Law Center, 6th ed. 2000).

Repossessions and Foreclosures, (National Consumer Law Center, 4th ed.

1999).

Contributing Author, Truth in Lending, (National Consumer Law Center,

4th ed. 2000).

Surviving Debt: A Guide for Consumers, (3rd ed. 1999).

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Remedies for Discharge Violations American Bankruptcy Institute Law

Journal (November/December 2000).

Means Tested Bankruptcy: What Would It Mean? 28 U. Memphis Law

Rev. 711 (Spring,1998).

Consumer Bankruptcy in the Balance: The National Bankruptcy Review

Commission s Recommendations Tilt Toward Creditors 5 Amer. Bankr.

Inst. Law Rev. 293 (Winter, 1997).

Circuit Court Allows Stripdown of Mortgage on Multi-family Residence,

Norton Bankruptcy Law Adviser (June, 1996).

Preventing Home Equity Lending Fraud, 7 Loyola Consumer Law Rev.

126 (Summer, 1995).

Self Representation in the Bankruptcy Courts: The Massachusetts

Experience, National Conference of Bankruptcy Judges Endowment for

Education and the National Consumer Law Center (1994).

"Preventing Foreclosures: Spotting Loan Scams Involving Low-Income

Homeowners", 27 Clearinghouse Review 116 (June, 1993).

Representative Seminars

Mortgage Discrimination Litigation Consumer Rights Litigation

Conference (November, 2010).

The Color of Credit: Combating Disparate Impact in Consumer Finance

Open Society Institute, The Federal Reserve Bank of Richmond (September,

2010).

Mortgage Lending Update, Consumer Financial Services Litigation

Institute, Practising Law Institute (March, 2009, February, 2010).

Litigation Update, Subprime Credit Crisis: Everything You Need to

Know, Practising Law Institute (March, 2008).

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Introduction to Consumer Class Actions, Consumer Rights Litigation

Conference (October, 2007).

Predatory Lending, Consumer Financial Services Litigation Seminar,

Practicing Law Institute (April, 2005).

Predatory Lending as a Fair Housing Issue, New Orleans Fair Housing

Action Center (June 2004).

Preventing Predatory Lending, Milwaukee Fair Housing Center (June

2004).

Mortgage Servicing Issues, Consumer Financial Services Litigation

Seminar, Practicing Law Institute (April, 2004).

Predatory Mortgage Loans and Bankruptcy, American Bankruptcy

Institute (July, 2003).

Preserving the American Dream, A series of seminars on foreclosure

prevention and financial literacy for Housing Counselors, Neighborhood

Reinvestment Institute (1998-2000).

Consumer Bankruptcy in Transition, 8th Annual Consumer Rights

Litigation Conference, (November, 1999).

Bankruptcy Reform Legislative Update, Connecticut Bar Association

(November, 1999).

Defending Foreclosures & Utility Terminations, MCLE (November,

1999). Preventing Predatory Lending and Preserving Homeownership,

Neighborhood Reinvestment

Institute (June, 1999).

Consumers in Debt: The Personal Bankruptcy Crisis, American Bar

Association, (April, 1998).

Preserving the American Dream: Loss Mitigation for Homeowners, A

series of 10 trainings for the Department of Housing and Urban

Development (1997 1998).

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