LeAnn Pedersen Pope

Partner

• Class Action Defense
• Litigation
• Banking and Financial Services

Ms. Pope, chair of the firm's Consumer Financial Services Class Action Defense Group, maintains a national business litigation practice concentrating in class action defense and multi-district litigation.  Since the proliferation of class action litigation against the mortgage banking industry began over 20 years ago, Ms. Pope has successfully defended several of the country's major banks and mortgage banking companies in over 100 nationwide class action cases filed in federal and state courts throughout the country.  These cases involve numerous state and federal claims, including civil conspiracy claims under the Racketeer Influenced and Corrupt Organizations Act (RICO), claims for violation of the Real Estate Settlement Procedures Act (RESPA), the Cranston-Gonzales Act, the Truth in Lending Act (TILA), the Home Ownership Equity Protection Act (HOEPA), the Fair Credit Reporting Act (FCRA), the Fair Debt Collection Practices Act (FDCPA), and the Fair Housing Act (FHA).  She frequently counsels mortgage banking clients on managing class action risk and compliance with federal and state laws.

Ms. Pope is a frequent speaker on class action litigation involving the mortgage banking industry.  She is admitted to practice in the State of Illinois, U.S. District Court for the Northern District of Illinois, U.S. Supreme Court, First Circuit Court of Appeals, Second Circuit Court of Appeals, Third Circuit Court of Appeals, Fourth Circuit Court of Appeals, Fifth Circuit Court of Appeals, Sixth Circuit Court of Appeals, Seventh Circuit Court of Appeals, Eighth Circuit Court of Appeals, Ninth Circuit Court of Appeals, Eleventh Circuit Court of Appeals, and is a member of the Northern District of Illinois Trial Bar.  She also has been specially admitted to practice in courts in New York, New Jersey, Rhode Island, Massachusetts, Missouri, Texas, California, Arizona, Florida, Alabama, Louisiana, Connecticut, Minnesota, Vermont, Ohio, Maryland, Michigan, Pennsylvania, Arkansas, Nevada, West Virginia, and the U.S. Virgin Islands.

Ms. Pope is a member of the Mortgage Bankers Association of America (MBAA) and serves on its Legal Issues Committee.  She is also a member of the American Bar Association and a member of the Class Actions and Derivative Suits Committee of the ABA Litigation Section.

Following are some decisions in which Ms. Pope was lead counsel on behalf of the lender defendant:

Price v. Washington Mutual Bank, 2010 WL 1416706 (Bkrtcy. N.D.Ala. April 8, 2010) (dismissed class action alleging defendants assessed unapproved post-petition fees and charges to debtors' accounts).

Malcolm v. JPMorgan Chase Bank, N.A., 2010 WL 934252 (N.D.Cal. March 15, 2010) (dismissed claims alleging defendant violated TILA by relying on AVMs to suspend home equity credit lines).

Rodriguez v. Bear Stearns Companies, Inc., 2009 WL 5184702 (D.Conn. Dec 22, 2009) (summary judgment against plaintiffs in a nationwide racial discrimination claim for "predatory servicing" under the Fair Housing Act, 42 U.S.C. § 3601, et seq.).

Quezada v. Loan Center of California, Inc., et al., 2009 WL 5113506 (E.D.Cal. Dec 18, 2009) (class certification denied in nationwide class action asserting claims for fraud and violation of California's Unfair Competition Law, Cal. Bus. & Prof. Code, § 17200, et seq., arising from the origination of option arm loan products).

Webb v. Chase Manhattan Mortgage Corporation, 2008 WL 2230696 (S.D.Ohio May 28, 2008) (summary judgment against plaintiffs in nationwide class action challenging lender placed hazard insurance premiums).

Fitts v. Chase Manhattan Mortgage Corporation, 2006 WL 3432296 (N.J. Super. A.D. Nov 30, 2006) (affirmed summary judgment dismissing class action arising out of attorneys' fees and costs charged in connection with bankruptcy proceedings).

Charleswell v. Chase Manhattan Bank, N.A., 223 F.R.D. 371 (D.Vir.Isl. 2004) (class certification denied in case alleging fraud, violation of the Racketeering Influenced Corrupt Organizations Act (RICO) and other claims arising out of lender placed insurance).

Porcher v. Chase Manhattan Mortgage Corporation, 898 So.2d 153, 2005 WL 545115 (Fla. App. 4 Dist. March 9, 2005) (reversed trial court's order certifying a nationwide class involving alleged payment processing errors).

Sosa v. Chase Manhattan Mortgage Corporation, 348 F.3d 979 (11th Cir. 2003) (affirmed dismissal of a class action alleging violation of RESPA arising out of the charging of various fees at origination).

Hosfeld v. Weyerhaeuser Mortg. Co., 2003 WL 22229255 (N.D.Ill. Sep 26, 2003) (MDL 899 In re Mortgage Escrow Deposit Litigation) (denied nationwide class certification in a case alleging improper escrow accounting practices).

Lester v. Percudani, 217 F.R.D. 345 (M.D.Pa. 2003) (class certification denied in a RICO conspiracy case against the developer and lender involving the purchase of allegedly overpriced home in the Poconos).

Mann v. Chase Manhattan Mortg. Corp., 316 F.3d 1 (1st Cir. 2003) (affirmed dismissal of a nationwide class action alleging violation of Section 362 of the Bankruptcy Code for assessing late fees and attorneys' fees to Chapter 13 debtors' accounts).

Ploog v. HomeSide Lending, Inc., 2001 WL 1155288 (N.D.Ill. Sept 28, 2001) (class certification denied in a nationwide class action alleging failure to respond to qualified written requests in violation of RESPA).

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