Overview

John Joseph is a litigation attorney in Holland & Knight's Philadelphia office, where he represents financial industry clients in all stages of litigation in state and federal court, as well as in consumer arbitrations.

Mr. Joseph primarily works with lenders in consumer disputes, foreclosures, bankruptcies, commercial litigation, asset recovery and workouts with distressed companies. He has experience defending financial institutions in consumer financial services litigation arising under the Telephone Consumer Protection Act (TCPA), Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), Truth in Lending Act (TILA) and the Real Estate Settlement Procedures Act (RESPA). Mr. Joseph also has experience defending clients in litigation matters under state fair lending and deceptive trade practice laws, and common law claims.

In addition, Mr. Joseph has extensive bankruptcy experience representing clients in U.S. Bankruptcy Courts spanning the Sixth and Seventh circuits. Mr. Joseph previously managed the statewide bankruptcy department for a national foreclosure association firm where he was responsible for all departmental functions, including managing client reporting and compliance reports. He has represented many of the largest commercial and residential mortgage lenders in thousands of bankruptcies.

Following the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), Mr. Joseph worked alongside colleagues in the bar and with the bench to adopt new procedures and requirements arising out of the first significant changes to the bankruptcy code since 1979. Mr. Joseph also assisted clients with the implementation of new mortgage servicing standards and practices related to the National Mortgage Settlement of 2012.

Experience

  • Represented a mortgage servicer in a high-volume, multistate portfolio defending consumer claims arising from default and foreclosure actions
  • Represented an auto lender in defensive actions in state courts across the country arising under consumer protection statutes
  • Secured dismissal with prejudice of claims against a mortgage servicer by arguing the plaintiff was judicially estopped from asserting the claims because of his failure to disclose them in a prior bankruptcy
  • Obtained dismissal of all claims in consumer arbitration filed against a credit card issuer by arguing that the claimant violated the terms of the cardholder agreement when attempting to revoke consent to communications
  • Developed successful strategy for a credit card issuer to address repeat filings by a plaintiff's firm that wrongfully filed numerous cases in small claims court arising under the Fair Credit Reporting Act (FCRA) by removing the cases to district court and then obtaining dismissal of all the defective claims
  • Secured dismissal with prejudice of adversary complaint filed by a borrower for alleged fraud claims arising out of a foreclosure by arguing that the claims were barred by the Rooker-Feldman Doctrine
  • Drafted multiple closing documents on behalf of a lender for short sales of collateral by distressed company
  • Drafted amended and restated commercial note and guaranty for a bank dealing with distressed borrower
  • Defended preference avoidance actions by bankruptcy trustees against lenders resulting in settlements providing for significant savings for the lender in the turnover amounts
  • Drafted state court complaint for collection of a commercial loan that resulted in judgment and asset recovery by a bank

Credentials

Education
  • University of Akron School of Law, J.D.
  • Saint Vincent College, B.S.
Bar Admissions/Licenses
  • Indiana
  • Ohio
  • Pennsylvania
  • Tennessee
Court Admissions
  • U.S. District Court for the Northern District of Indiana
  • U.S. District Court for the Southern District of Indiana
  • U.S. District Court for the Northern District of Ohio
  • U.S. District Court for the Southern District of Ohio
  • U.S. District Court for the Eastern District of Tennessee
  • U.S. District Court for the Middle District of Tennessee
  • U.S. District Court for the Western District of Tennessee
  • U.S. District Court for the Western District of Pennsylvania

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