Overview

David V. Mignardi is a New York litigation attorney who focuses on real estate finance and capital markets, with a particular emphasis on litigation and loan servicing matters related to commercial mortgage-backed securities (CMBS). He represents nationally prominent financial institutions, mortgage servicers, hedge funds and distressed investors in connection with non-performing loans and the exercise of remedies such as judicial foreclosures, receiverships, workouts, litigation and contested bankruptcy matters. Mr. Mignardi's experience spans numerous types of claims and all types of commercial properties, including office buildings and parks, multi-family apartment and student housing complexes, hotels, senior living facilities, healthcare facilities, construction projects and shopping centers.

Mr. Mignardi has considerable appellate experience, having written briefs and/or orally argued more than two dozen appeals in all four judicial departments of the New York State Supreme Court, Appellate Division; the New Jersey Superior Court, Appellate Division and the United States District Court for the Eastern District of New York. He also defends lender liability claims arising under the full range of laws and statutes regulating the consumer finance industry such as the Truth in Lending Act (TILA), Real Estate Settlement Procedures Act (RESPA), Home Ownership and Equity Protection Act (HOEPA), Federal Regulation Z (Reg Z), Fair Credit Reporting Act (FCRA), Fair Debt Collections Practices Act (FDCPA) and Federal Housing Act (FHA) as well as claims involving the civil Racketeer Influenced and Corrupt Organizations (RICO) statute, business torts, title disputes and predatory lending.

Representative Experience

  • Obtained denial of borrowers' pre-answer motion for dismissal of a foreclosure action of a $57,375,000 loan on the basis of purported lack of diversity jurisdiction by defeating the borrowers' claim that the citizenship of the CMBS trust plaintiff is determined by that of its directing certificateholder and special servicer, rather than the trust's trustee
  • Secured pre-answer dismissal, with prejudice, of a borrower's action seeking refund of a liquidation fee tendered in connection with a $103 million loan payoff on the basis that application of the voluntary payment doctrine barred the borrower's attempted recovery
  • Represented a CMBS trust and its special servicer in the foreclosure and receivership of a $75 million loan secured by a 114-acre luxury resort, conference center and golf course located in Westchester County, New York
  • Represented special servicers and CMBS trusts in the exercise of remedies with respect to and workouts of a portfolio of high-profile, high-exposure loans involving massive mortgage fraud by a well-known multifamily real estate developer
  • Represented a CMBS trust and its special servicer in contentious litigation involving a failed payoff of a $47 million A/B structured loan secured by retail property located in Bronx County, New York
  • Second-chaired federal jury trial — drafted motions in limine, jury charges and voir dire questions and prepared corporate and expert witnesses for testimony — that resulted in a unanimous defense verdict on all seven counts of various lender liability claims
  • As part of a team of three attorneys, obtained dismissal of all claims (including causes of action for quiet title, declaratory judgment, negligence and violation of the marital right of joint possession) made against a mortgagee partially on summary judgment and partially after trial
  • In specialized omnibus proceedings commenced by orders to show cause, obtained leave for three mortgage servicers to issue corrective predicate notices, thereby preserving large populations of foreclosure matters in danger of dismissal

  • On behalf of a prominent wireless telecommunications company and its subsidiaries, obtained judgments awarding monetary and permanent injunctive relief in three trademark infringement actions against defendants engaged in an unlawful scheme of acquiring, “unlocking,” and distributing cellular phones and other wireless devices for unauthorized use
  • Obtained dismissal with prejudice of all causes of action asserted against the trustee of a RMBS trust including a cause of action seeking damages under the civil Racketeer Influenced and Corrupt Organizations Act (RICO) statute, at the pleadings stage, and subsequent affirmance of the dismissal on appeal
  • Obtained pre-answer dismissal of claims alleging violations of the civil RICO statute and various tort and contractual claims under New York state law, lodged by mortgage borrowers against their lender, the lender's special servicer, as well as the law firm and certain attorneys who represented the lender in prior proceedings

  • Secured affirmance of the bankruptcy court’s denial of the debtor’s objection to a proof of claim on theories that the residential mortgage-backed securitization (RMBS) trust lacks authority to enforce the negotiable instrument and violated the governing pooling and servicing agreement, and dismissal of the debtor’s due process violation claim
  • Prosecuted a bankruptcy adversary proceeding on behalf of a food product manufacturing and technological company seeking non-dischargeability of a judgment based upon theories of fiduciary fraud and infliction of willful and malicious injury

Credentials

Education
  • Benjamin N. Cardozo School of Law, J.D.
  • Manhattan College, B.S., Economics, magna cum laude
Bar Admissions/Licenses
  • Connecticut
  • New Jersey
  • New York
Court Admissions
  • U.S. Court of Appeals for the Second Circuit
  • U.S. District Court for the District of Connecticut
  • U.S. District Court for the District of New Jersey
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Northern District of New York
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Western District of New York
Memberships
  • Manhattan College Mentorship Program, Volunteer Mentor
  • Commercial Real Estate (CRE) Finance Council, Servicers Forum
  • Byram Hills Soccer Club – American Youth Soccer Organization (AYSO) Region 204, Division Coordinator and Member of Board of Directors
Honors & Awards
  • Rising Star, New York Metro Super Lawyers magazine, Business Litigation, 2017-2020

Publications

Speaking Engagements