Philip S. Rosen, Partner
Philip Rosen is a skilled, efficient problem-solver who has practiced law as a commercial litigator since 1992. Phil’s diverse practice includes mortgage-related litigation, foreclosures, business disputes, complex real estate matters and employment related disputes. Phil has been resident in the firm’s New Jersey office since 2000 and was named partner in 2010.
Through his sharp and creative litigation strategies, Phil has developed a reputation as an accomplished litigator having appeared in significant matters in the state and federal courts throughout New Jersey and New York. Phil’s experience enables him to have critical understanding of the unique needs of his clients and the expertise to pursue their objectives. Phil has had substantial success representing lenders and special services in complicated high-stakes litigation involving CMBS issues, challenges to the enforceability of pooling and servicing agreements, prepayment consideration and default interest provisions in commercial loan instruments, to a lender’s standing to maintain foreclosure proceedings and to its status as a holder-in-due course. An accredited CLE lecture by Phil on foreclosure law is avaialble onlne at https://www.nacle.com/CLE/Courses/So-Your-Commercial-Borrower-Is-In-Default-Protecting-your-Security-Interest-1087.
Phil has handled numerous workouts and contested foreclosures in New Jersey and New York involving claims arising under RESPA, TILA, HOEPA, FCRA, FDCPA, state consumer fraud statutes, predatory lending, unfair business practices and receivership issues. Phil’s practice also includes litigating employment and commercial disputes for closely held and publicly traded corporations, and assisting investors in their due diligence and acquisition of performing and defaulted loan portfolios.
Some of Phil’s decisions reflecting his experience include:
- Citibank, N.A. v. Balarin, 647 N.Y.S. 2d 972 (2nd Dept. 1996)
- Norwest Bank Minnesota, et al. v. Blair Road Associates, L.P., 252 F. Supp. 2d 86 (D.N.J. 2003)
- East Coast Office Systems Inc. v. Citicorp Vendor Finance Inc., Not Reported in F. Supp. 2d 2006 WL 3257091 (D.N.J., 2006)
- Challenger v. Experian Information Solutions Inc., Not Reported in F. Supp. 2d, 2007 WL 895774 (D.N.J., 2007)
- Estate of Keys v. Union Planters, 578 F. Supp. 2d 629 (S.D.N.Y., 2008)
- Feltman v. Granite State Ins. Co., Not Reported in B.R., 2008 WL 630282 Bkrtcy. (D.N.J., 2008)
- Fourte v. Countrywide Home Loans Inc., Not Reported in F. Supp. 2d, 2009 WL 2998110 (D.N.J., 2009)
- McKenna v. Bank of America, N.A., Slip Copy, 2010 WL 2985643 (D.N.J., 2010)
- Freedman & Gerstein, LLP v. Bank of America, N.A., Not Reported in F. Supp. 2d, 2010 U.S. Dist. Lexis 130167 (D.N.J. 2010)
- Bank of America, N.A. v. Princeton Park Associates, LLC, 2012 N.J. Super. Unpub. LEXIS 2470 (N.J. App. Div. November 8, 2012)
- Edwards v. Countrywide Home Loans, Inc., 2012 N.J. Super. Unpub. LEXIS 2831 (N.J. App. Div. December 28, 2012)
- A.A. Action Collection Co. v. TD Bank & Richard Dweck, Not Reported in F. Supp. 2d, 2015 U.S. Dist. Lexis 130747 (D.N.J. 2015)
- Lau v. Bank of America, N.A. (In re Lau), 2017 U.S. App. LEXIS 5291 (3rd Cir. March 27, 2017)
- Martins v. Nationstar Mortg. LLC, 2017 U.S. Dist. LEXIS 52712 (D.N.J. Apr. 6, 2017)