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Litigation Mortgage

Maplewood, NJ
November 07, 2019

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Maplewood, NJ 07040


Attorney with substantial experience handling complex litigation matters in both outside and in-house capacities; applying personal hallmarks of zealous advocacy, skilled problem solving and sound judgment; and fostering relationships with clients/stakeholders to achieve objectives.

General Commercial Litigation Practice Handling Federal, Bankruptcy and State Court Matters including, but not limited to, Dispositive Motion Practice; Court Hearings and Restraining Orders; Preparation of Expert Witnesses; Depositions and Discovery Production; Mediation and Arbitration; Skilled Negotiations; Risk Mitigation; Research, Assessment and Analysis; Investigations; and Oral / Written Communications;

Consumer Banking Litigation (e.g., TILA, RESPA, TCPA and FDCPA), Corporate Litigation and Transactions;

Jury Trial Experience including First Chair Trial Preparation of Cases from Inception to Case Resolution and Second Chairing Consumer Fraud Matter on Behalf of Homeowners Against Builder from Inception to Verdict;

Clients included Banks and Other Financial Companies, Real Estate Developers, Construction Firms, Insurers, Educational Institutions, Municipalities, Corporations, Shareholders, and Telecommunication, Cable Television, Manufacturing, Franchisor, Franchisee, Environmental, Security, Technology and Entrepreneurial Companies.


JPMorgan Chase Bank, N.A., Jersey City, NJ November 2013 – June 2019

Vice President / Assistant General Counsel

Served as in-house counsel in the residential Mortgage Litigation Department handling contested mortgage related litigation; concentrated on appellate litigation.

Directed / managed high volume litigation on a national level challenging i) various facets of the Bank’s mortgage lending and loan servicing activities, including conduct and disclosures at origination and loan modification efforts and other loss mitigation activities; ii) the Bank’s standing to enforce mortgage loan obligations underlying mortgage-backed securities; and iii) the Bank’s lien position.

Partnered with outside counsel to settle or otherwise conclude cases in most cost-effective manner and remedied any errors made by the Bank.

Determined case trends and seeking to avoid adverse precedent with potentially wide implications.

Aligned with stakeholders, such as Freddie Mac, Fannie Mae, and private investors, to resolve litigation.

Pursued title claims based upon impairment of Bank’s lien interest.

Investigated root causes and errors underlying litigation involving the Bank and recommending solutions, particularly for systemic problems.

Mandelbaum, Salsburg, Lazris & Discenza, PC, West Orange, NJ

Counsel: January 2012 - October 2013; Associate: September 2006 - December 2011

Concentrated in commercial, banking, shareholder, franchise, employment, real estate and personal injury litigation throughout all stages of litigation and dispute resolution in federal, bankruptcy, state trial and appellate courts in NJ and NY, administrative law proceedings and arbitrations; successful advocacy included:

Enforced substantial claims by banks against commercial debtors in both State and Bankruptcy courts.

Settled successfully in optionee’s favor its right to exercise option for purchase of commercial realty.

Defeated lawsuit by subcontractor against contractor alleging fraud based upon contractor’s failure to pay debt and against contractor’s principal seeking to render him individually liable for work completed at property.

Established at trial, as second chair, consumer fraud in homeowners’ favor against builder for failing to complete installation of modular home.

First chaired matter on behalf of homeowners against builder asserting consumer fraud/common law fraud predicated upon the builder’s misrepresentations involving a conservation easement that limited property’s use; matter settled on day of trial.

Obtained restraining order preventing termination of franchisee.

Settled in company’s favor, for nuisance value, age discrimination claims by two former employees.

Obtained summary judgments in various cases: in factor’s favor dismissing the factor’s client’s breach of contract claim alleging that factor failed to determine creditworthiness of client’s account debtor; in bank’s favor dismissing claims by hospitals for several hundred thousand dollars for forfeiting eligibility to discounted medical rates prescribed by a preferred provider organization; in debtor’s favor voiding loan’s usurious pre-default interest, post-default interest and late charges; in drawer’s favor dismissing lawsuit by holder seeking to enforce payment of checks containing unauthorized endorsements; in security company’s favor dismissing lawsuit by concert-goer alleging serious injuries due to negligent concert security; and in cleaning company’s favor dismissing substantial slip and fall claim.

Stryker, Tams & Dill, LLP, Newark, NJ

Associate November 1999 - September 2006

Concentrated in commercial, telecommunications, environmental, real estate and insurance coverage litigation throughout all stages of litigation and dispute resolution in federal, bankruptcy, state trial and appellate courts in NJ and NY, administrative law proceedings and arbitrations; successful advocacy included:

Defeated claim of commercial property owner for rent against constructively evicted tenant.

Settled claims of condominium association against subcontractor in massive construction defect case.

Obtained summary judgment dismissing claim of subcontractor against cable television company for work allegedly exceeding that under contract with general contractor.

Prosecuted in bank’s favor a non-dischargeable claim for a fraudulent conveyance in bankruptcy.

Defeated lawsuit by check-cashing company against client alleging that client’s employees forged checks.

Prosecuted right of cable franchisee to offer cable television service in large multi-unit dwelling complex.

Defeated claim of franchisee for injunctive relief seeking to enjoin termination of its franchise.

Settled in client’s favor its claims against excess / stop gap group health insurer and administrator resulting from failure to provide health care coverage.


Shain, Schaffer & Rafanello, PC, Bernardsville, NJ; Associate

The Hon. Lawrence Weiss, NJ Superior Court, Law Division, Elizabeth, NJ; Clerk

Department of Education, Office for Civil Rights, Washington, DC; Legal Intern

Public Citizen, Washington, DC: Legal Intern


Juris Doctorate (JD): The National Law Center, George Washington University, Washington, DC

Graduate Certificate: “Compliance Issues in the Life Sciences - Fraud and Corruption”, Seton Hall Law School

Bachelor of Arts (BA): Political Science; English minor; Rutgers College, New Brunswick, NJ, Phi Beta Kappa


Member New Jersey and New York Bars, United States District Court: District of New Jersey, Southern and Eastern Districts of New York

Prior NJ Super Lawyers’ Rising Star

Vice President of Board of Trustees and Finance Committee Chair, Unity Charter School, Morristown, NJ, a progressive school emphasizing principles of sustainability and experiential learning

Organized and participated in projects raising money to find causes for Sudden Unexplained Death in Children (SUDC), including starting own non-profit corporation; involved in various volunteer activities

Rutgers University Tennis: Team Captain and #1 singles player

Owen J. Lipnick, Esq., Page 2

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