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ZEK’s BJ Finneran and Ken Rudd Obtain Complete Victory for ZEK Client

ZEK’s BJ Finneran and Kenneth C. Rudd have won a complete victory for a ZEK client in Hutter v. Countrywide Bank, N.A. et al, 2015 U.S. Dist. LEXIS 122882 (S.D.N.Y. Sept. 14, 2015).

In Hutter v. Countrywide Bank, N.A., borrower plaintiff brought an action in connection with a $1,785,000. mortgage loan against a ZEK client, a large national bank and mortgage lender (the “Bank”).  Plaintiff originally brought numerous causes of action, including claims for racketeering activity under the RICO statute.  In 2011, ZEK obtained an order of the United States District Court for the Southern District of New York (Seibel, J.) granting in part the Bank’s motion to dismiss plaintiff’s complaint, and dismissing her claims for RICO and fraud.

In 2014, ZEK obtained an order of the United States District Court for the Southern District of New York (Román, J.) sanctioning plaintiff and her counsel for violation of Rule 11 of the Federal Rules of Civil Procedure.

In 2015, after the parties engaged in discovery, ZEK obtained a complete victory for its client.  The District Court (Román, J.) granted the Bank’s motion for summary judgment, dismissing each and every one of plaintiff’s remaining claims against it, namely those under New York Deceptive Practices Act, the Real Estate Settlement Procedures Act, and the Truth in Lending Act.   The Court also granted the Bank’s motion for summary judgment dismissing all cross-claims brought by defendant mortgage brokers.

A link to the September 14, 2015 Decision of the Southern District of New York Court is attached below:

September 2015 HUTTER decision