Admissions

  • Illinois
  • United States District Court, Northern District of Illinois
  • United States District Court, Southern District of Alabama
  • United States Court of Appeals, Ninth Circuit
  • United States Court of Appeals, Eleventh Circuit

Education

Mount Holyoke College (B.A., magna cum laude, 2003)

University of Illinois College of Law (J.D., cum laude, 2006)

Externship: Justice  Ilana Diamond Rovner, United States Court of Appeals, Seventh Circuit

Profile

Susan Miller Overbey is a partner in Burke, Warren, MacKay & Serritella’s Consumer Financial Services Litigation, Class Action Defense, Religious Organizations, and Not-for-Profit Organizations practice groups. 

Ms. Overbey has defended banks, mortgage lenders, and related entities in individual actions, contested foreclosures, and consumer class actions brought in state and federal courts, including claims under the Truth in Lending Act, the Real Estate Settlement Procedures Act, and the Fair Debt Collection Practices Act, as well as claims for violations of state consumer protection statutes.

Ms. Overbey also represents religious organizations and not-for-profit organizations in litigation pending in state and federal courts and in alternative dispute resolution settings, including employment matters alleging the negligent hiring and retention of employees, inter-church disputes, and disputes with federal agencies involving religious liberties issues.

Ms. Overbey is licensed to practice in Illinois, the United States District Court for the Northern District of Illinois, the United States District Court for the Northern District of California, the United States District Court for the Southern District of Alabama, and the United States Courts of Appeals for the Seventh, Ninth, and Eleventh Circuits.

While in law school, Ms. Overbey worked as a legal extern for the Honorable Ilana Diamond Rovner of the United States Court of Appeals for the Seventh Circuit.  Ms. Overbey was a summer associate with Burke, Warren in 2005.

Experience

The following are examples of decisions in cases in which Ms. Overbey has been significantly involved in representing financial institutions and religious institutions:

  • Anderson, et al. v. Catholic Bishop of Chicago, et al.,759 F.3d 645 (7th Cir. 2014) (affirming dismissal of putative class action complaint against Catholic Bishop and the Holy See)
  • Haynes v. EMC Mortg. Corp., 205 Cal. Appl. 4th 329 (Cal. App. 1st Dist. 2012) (affirming dismissal of class action complaint and holding assignment did not need to be recorded prior to nonjudicial foreclosure on deed of trust because California statute regarding recording did not apply to deeds of trust)
  • Cervantes v. Countrywide Home Loans, Inc., 656 F.3d 1034 (9th Cir. 2011) (affirming dismissal of class action complaint alleging fraud and conspiracy based on the use and creation of the MERS system)
  • In re: Mortgage Electronic Registration Systems (MERS) Litigation, 2011 WL 4550189 (D. Ariz. Oct. 3, 2011) (dismissing consolidated amended complaint in multidistrict litigation alleging fraud and conspiracy based on the use and creation of the MERS system)
  • Quezada v. Loan Center of California, et al., 2009 WL 5113506 (E.D. Cal. Dec. 18, 2009) (denying class certification of alleged common law and state consumer fraud claims brought against former loan assignee relating to option ARM loan disclosures)

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