Admissions

  • Illinois
  • Ohio (inactive)
  • U.S. District Court, Southern District of Ohio
  • U.S. District Courts, Northern, Central and Southern Districts of Illinois
  • U.S. District Court, Eastern District of Wisconsin
  • United States Court of Appeals, Fourth, Seventh and Ninth Circuits

Education

Indiana University (B.A., cum laude, 2000)

Indiana University School of Law (J.D., cum laude, 2003)

  • Editor-in-Chief, Indiana Law Journal

Profile

As a member of Burke, Warren, MacKay & Serritella's Class Action Defense and Consumer Financial Services Litigation groups, Andrew LeMar concentrates his practice on defense of banks, mortgage lenders, servicers, and related entities. Mr. LeMar has defended numerous class actions and individual suits in Chicago and across the country, involving a variety of state and federal claims, including claims under the Fair Credit Reporting Act, Telephone Consumer Protection Act, Real Estate Settlement Procedures Act, Truth in Lending Act, Fair Debt Collection Practices Act, Home Ownership Equity Protection Act, Fair Housing Act, and Equal Credit Opportunity Act, as well as claims for violations of state consumer protection statutes.  Mr. LeMar also has significant experience defending mortgagees, trustees, and servicers against affirmative defenses and counterclaims brought by borrowers in foreclosure actions.

In addition, Mr. LeMar has advised financial institutions on compliance with: the Fair Credit Reporting Act; the Real Estate Settlement Procedures Act; the Truth in Lending Act; the Fair Debt Collection Practices Act; the Equal Credit Opportunity Act; the Gramm-Leach-Bliley Act; the Credit Practices Rule; and state statutes regarding consumer lending, consumer privacy, collections, fair lending, credit reporting, licensing, and regulatory requirements.

Mr. LeMar also has experience with mass accident class actions, securities fraud class actions, trademark, corporate director liability, employment law, torts, unfair competition, and deceptive trade practices. Prior to joining Burke, Warren, MacKay & Serritella, Mr. LeMar practiced in the financial services litigation group at Dykema Gossett PLLC.

Mr. LeMar lives in Chicago.  Outside of the office, he enjoys spending time with his wife and three children, as well as attending concerts, traveling both within and outside the United States, and cheering on the Indiana Hoosiers in basketball and football.

Experience

The following are examples of Mr. LeMar's experience advising financial institutions, as well as decisions in cases Mr. LeMar has handled on behalf of financial institution defendants:

  • Advised financial institution regarding compliance with Fair Credit Reporting Act, Truth in Lending Act, and related regulations with respect to customers' requests to close credit accounts, and drafted template responses for customers with open-ended credit accounts and closed-ended credit accounts
  • Advised consumer credit loan purchaser and servicer regarding state-specific licensing, regulatory, and reporting requirements
  • Advised financial arm of retail furniture company on compliance with federal and state laws regarding lending disclosures, advertisement of credit terms, fair lending, consumer privacy, credit approval and denial, collections, identify theft prevention, credit reporting, and record retention, and rewrote and updated employee manual, lending disclosures and notices, and privacy notices
  • G&M Int'l, LLC v. Snap Line Services, Inc., et al., No. 16CV-2205-1, slip op. (Super. Ct. Forsyth Cty., Ga. Aug 23, 2017) (dismissing five-count complaint against debt purchaser and two executives, holding that prior jury verdict collaterally estopped plaintiff from bringing claims, where issue attempting to be litigated was already decided in prior case against other defendant).
  • Golbeck v. Johnson Blumberg & Associates, LLC, et al., No. 16 C 6788, 2017 WL 3070868 (N.D. Ill. July 19, 2017) (granting motion to dismiss in part in favor of mortgage lender, and dismissing breach of contract, Real Estate Settlement Practices Act, and Illinois Consumer Fraud Act claims regarding loan modification offer, allegedly improper escrow account calculation, and transfer of servicing of mortgage).
  • JPMorgan Chase Bank, N.A. v. Jenkins, et al., No. 16-3969, slip op. (7th Cir. July 10, 2017) (dismissing appeal of foreclosure judgment for lack of final appealable order); JPMorgan Chase Bank, N.A. v. Jenkins, et al., No. 14 C 4278, 2016 WL 4417072 (N.D. Ill. Aug. 18, 2016) (in contested foreclosure, granting summary judgment in favor of lender and denying several motions filed by defendant seeking to defeat summary judgment); 2015 WL 603855 (N.D. Ill. Feb. 12, 2015) (in contested foreclosure, denying defendant's motion to dismiss and rejecting defendant's arguments that plaintiff failed to properly serve defendant by publication and that plaintiff did not have standing to foreclose).
  • Gagnon v. JPMorgan Chase Bank, N.A., 563 B.R. 835 (N.D. Ill. 2017) (granting motion to dismiss in part in favor of mortgage lender, and dismissing claims alleging lender violated the Bankruptcy Code's discharge injunction and automatic stay provisions and the Illinois Consumer Fraud Act by reporting certain information to credit reporting agencies after the plaintiff's bankruptcy was discharged)
  • Turner v. Argent Mortgage Co., LLC, et al., No. 15 CH 17834, slip op. (Cir. Ct. Cook Cty., Ill. Nov. 22, 2016) (dismissing wrongful foreclosure complaint against mortgage lender for lack of proper service).
  • McNeal v. J.P. Morgan Chase Bank, N.A., No. 16 C 3115, 2016 WL 6804585 (N.D. Ill. Nov. 17, 2016) (granting motion to dismiss in favor of mortgage lender, dismissing claims brought by borrower under the Racketeer Influenced and Corrupt Organizations Act, the Real Estate Settlement Procedures Act, the Illinois Consumer Fraud and Deceptive Practices Act, and the Illinois Residential Mortgage License Act, and claims for breach of contract and unjust enrichment, based on the borrower's allegations that her mortgage was void under the Illinois Residential Mortgage License Act and that the lender improperly assigned her mortgage, improperly calculated escrow payments, and assessed improper default-related fees)
  • Conteduca v. JPMorgan Chase Bank, N.A., No. 14 L 13366, slip op. (Cir. Ct. Cook Cty., Ill. Dec. 23, 2015) (dismissing claims for account stated, unjust enrichment, conversion, and breach of contract brought against mortgage lender by real estate appraiser relating to alleged failure to reimburse appraiser for appraisal services performed in relation to residential mortgages).
  • Phongsa v. JPMorgan Chase Bank, NA., et al., 2014 WL 2510203 (N.D. Ill. June 14, 2014) (dismissing Fair Debt Collection Practices and state law fraud claims against mortgage owner and servicer relating to alleged debt collection practices and alleged improper foreclosure)
  • Monaco v. The Bear Stearns Companies, Inc., et al., 2012 WL 10006987 (C.D. Cal. Dec. 10, 2012) (denying class certification of breach of contract claims against mortgage originator relating to alleged failure to disclose material terms of Option ARM loans)
  • McLeod v. PB Investment Corporation, et al., 492 Fed. Appx. 379 (4th Cir. Aug. 1, 2012) (affirming trial court's dismissal of claims under Home Owner Equity Protection Act, Maryland Secondary Mortgage Loan Law, and Maryland Uniform Commercial Code against assignees of mortgage loans, relating to allegedly improper fees and disclosures and failure to provide loan documents to former borrowers)
  • Obi v. Chase Home Finance, LLC, et al., 2012 WL 1802450 (N.D. Ill. May 15, 2012) (dismissing Fair Debt Collection Practices and Illinois state law claims against servicer relating to alleged debt collection practices and recommending pro se plaintiff be placed on district court's list of restricted filers); 2011 WL 5118437 (N.D. Ill. Oct. 25, 2011) (denying plaintiff's motion to remand to state court)
  • Gibson v. Chase Home Finance, LLC, et al., 2012 WL 1094323 (M.D. Fla. Apr. 2, 2012) (dismissing class action claims under Florida state law against lender and servicer arising from force placement of flood insurance); 2011 WL 6319401 (M.D. Fla. Dec. 16, 2011) (dismissing class action claims under Real Estate Settlement Procedures Act, Bank Holding Company Act, and Florida state law against lender and servicer arising from force placement of flood insurance)
  • Polek, et al. v. JPMorgan Chase Bank, N.A., et al., 36 A.3d 399 (Md. 2012) (affirming trial court's dismissal of Maryland Secondary Mortgage Loan Law and other Maryland state law claims against assignees of mortgage loans, relating to allegedly improper fees and disclosures and failure to provide loan documents to former borrowers)
  • Abdel-Malak v. JPMorgan Chase Bank, N.A., 2011 WL 3843814 (D. Md. Aug. 29, 2011) (dismissing class action claims under Truth in Lending Act and Maryland state law against lender that purchased failed institution's loans from FDIC on basis that lender did not assume alleged liabilities under purchase and assumption agreement and dismissing claims relating to allegedly deceptive post-acquisition disclosures relating to Option ARM loan)
  • Lyons v. JPMorgan Chase Bank, N.A., 2011 WL 2709907 (N.D. Cal. July 12, 2011) (dismissing class action claims against lender for alleged failure to apply Option ARM loan payments correctly)
  • Obi v. Chase Home Finance, LLC, et al., 2011 WL 809310 (N.D. Ill. Mar. 2, 2011) (dismissing pro se claims pursuant to 28 U.S.C. § 1915 where plaintiff provided false information on in forma pauperis application)
  • Obi v. Chase Home Finance, LLC, 2011 WL 529481 (N.D. Ill. Feb. 8, 2011) (dismissing Fair Debt Collection Practices Act, Truth in Lending Act, Equal Credit Opportunity Act, and Illinois state law claims against servicer arising from alleged failure to modify loan and alleged debt collection practices)
  • Tucker, et al. v. JPMorgan Chase Bank, et al., 2011 WL 280962 (D. Nev. Jan. 25, 2011) (dismissing class action claims against lender, servicers, and trustees for alleged failure to comply with HAMP loan modification guidelines)
  • Smith v. Vericrest Financial, et al., 2010 WL 5373880 (N.D. Ill. Dec. 14, 2010) (dismissing Fair Debt Collection Practices Act, Truth in Lending Act, Illinois Human Rights Act, and Fair Housing Act claims against lender and servicer where plaintiff failed to effect proper service)
  • Siwulec v. Chase Home Finance, LLC, 2010 WL 5071353 (D.N.J. Dec. 7, 2010) (dismissing class action claims under Fair Debt Collection Practices Act against servicer where plaintiff failed to allege facts to show loan was in default when defendant began servicing loan)
  • Jones-Boyle v. Washington Mutual Bank, FA, et al., 2010 WL 2724287 (N.D. Cal. July 8, 2010) (dismissing class action claims for violations of Truth in Lending Act and state common law claims against lender that purchased failed institution's loans from FDIC on basis that lender did not assume alleged liabilities under purchase and assumption agreement and dismissing claims relating to alleged post-acquisition failure to apply Option ARM loan payments correctly)
  • Moffitt, et al. v. Residential Funding Company, LLC, et al., 604 F.3d 156 (4th Cir. 2010), affirming 665 F. Supp. 2d 515 (D. Md. 2010) (affirming district court holding that defendants properly and timely removed lawsuit to federal court where amended state court complaints contained sufficient facts to give rise to federal jurisdiction under the Class Action Fairness Act)
  • Gros v. Midland Credit Management, Inc., et al., 2008 WL 4671717 (N.D. Ill. Oct. 20, 2008) (granting summary judgment in favor of debt collector on Fair Debt Collection Practices and state law claims relating to allegedly misleading debt collection communications)

Honors & Awards

  • Editor-in-Chief, Indiana Law Journal (2002–2003)

Professional/Community

Chicago Legal Assistance Foundation's Pro Se Litigant Help Desk at the United States District Court of the Northern District of Illinois, volunteer assisting pro se civil litigants with federal procedural issues

Constitutional Rights Foundation of Chicago's "Lawyers in the Classroom" program, volunteer

Friends of the Chicago River's Chicago River Day, volunteer

Indiana University Alumni Association Chicago Chapter, Board member

Graduate of the Second City Training Center Comedy Writing Program

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Events & Speaking Engagements

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