Jon S. Hubbard

Counsel

Richmond
Business Phone: 804.697.1407
Business Fax: 804.397-1339

jon.hubbard@troutman.com

vCard

Jon Hubbard is a Counsel in the firm’s Financial Services Litigation practice. He provides clients with insights, strategy and analysis based on his wide-ranging experience in both private practice and in-house counsel positions. Jon re-joined Troutman Sanders in 2015, specializing in representing clients in the financial services industry across the country in class actions, consumer litigation, complex contract and insurance disputes, pre-litigation analysis and resolution, and regulatory compliance.

Jon defends and advises clients regarding federal and state consumer laws, including claims and compliance involving the Equal Credit Opportunity Act ("ECOA") and Regulation B ("Reg B"), the Fair Housing Act ("FHA"), Fair Credit Reporting Act ("FCRA") and Regulation V ("Reg V"), Fair Debt Collection Act ("FDCPA"), the Truth in Lending Act ("TILA") and Regulation Z ("Reg Z"), the Real Estate Settlement Practices Act ("RESPA") and Regulation X ("Reg X"), and the Homeowners Protection Act ("HPA"), as well as state law equivalents and various unfair, deceptive, or abusive acts or practices laws (UDAAP). His work has included defending clients in state and federal courts across the country, including New York, California, Illinois, Florida, Texas, Virginia, Pennsylvania, Maryland, West Virginia, North Carolina, Georgia, Kentucky, Wisconsin, Oregon, Washington, Louisiana, and the District of Columbia.

Prior to re-joining Troutman Sanders, Jon served as Assistant General Counsel in Capital One’s Litigation Department where he managed a team focusing on mortgage litigation. His practice included representing Capital One on a national basis in consumer mortgage litigation disputes, including consumer class actions and individual lawsuits. Much of Jon’s in-house experience involved developing and implementing strategies for handling mortgage consumer litigation across the western United States. He helped prepare for and defend litigation and compliance issues related to new and evolving mortgage origination and servicing laws and regulations, including the CFPB’s mortgage origination and servicing rules, as well as Homeowner Bill of Rights legislation in California, Nevada, and other states.

Jon also represented Capital One in complex contractual and insurance disputes with sophisticated counterparties. He helped develop and execute strategies related to loan repurchase and indemnity demands, pre-litigation negotiations and settlements, and a variety of litigation concerning Residential Mortgage Backed Securities issues and lawsuits. Jon also managed disputes and issues related to mortgage insurance rescissions and claim denials, servicing and sub-servicing obligations, and Mortgage Servicing Rights ("MSR") transfers.

Before going in-house, Jon was an attorney with Troutman Sanders with substantial experience in all stages of litigation, including initial analysis, pleadings and motions practice, discovery, settlement negotiations, trial, post-trial and appeal. He also advised and defended insurers and fiduciaries in lawsuits arising out of individual and group insurance policies, including claims under the Employee Retirement Income Security Act ("ERISA").

Representative Matters

Consumer Litigation

  • Stuart v. LaSalle Bank, N.A., 2010 U.S. App. LEXIS 25993 (4th Cir. 2010), affirming No. 3:09-cv-458, 2010 U.S. Dist. LEXIS 12141 (E.D. Va. 2010) Borrower attempted to rescind mortgage loan by claiming that the originating lender improperly excluded certain closing agent fees and charges from the finance charge, and, therefore, the material disclosures were inaccurate. The district court disagreed and granted defendants' motion to dismiss. On appeal, the Fourth Circuit Court of Appeals affirmed the district court's decision to dismiss.
  • Cruz v. GMAC Mortgage LLC, No. 10-ap-00879 (Bankr. Md. 2011) Court dismissed borrower's claim of non-receipt of notice of right to rescind inaccurate material disclosures.
  • Jallow v. GMAC Mortgage LLC , No. 1:10-cv-998 (E.D. Va. 2011) Court dismissed borrower's TILA claim based on alleged improper use of H-8 Notice form rather than an H-9 Notice form.
  • Tapia v. United States Bank, N.A., 718 F. Supp. 2d 689 (E.D. Va. 2010) District Court dismissed claims to void foreclosure sale based on several legal theories, including FDCPA claims and an attack on MERS's authority to foreclose.
  • Asafo-Adjei v. First Savings Mortgage Corp., No. 8: 09-cv-2184 (D. Md. 2010) U.S. Dist. LEXIS 16986 (D. Md. 2010) Court dismissed borrower's attempt to rescind mortgage pursuant to TILA as barred by the 3-year statute of repose and dismissed FCRA claims.
  • Moore v. Franklin Credit Management Corp., No. 3:09-cv-711 (E.D. Va. 2010) Borrower attempted to state a claim for violation of TILA based on an allegedly inaccurate computation of the finance charge. The district court dismissed lawsuit prior to discovery.
  • Hernandez v. Citibank, N.A., No. 1:09-cv-1102 (E.D. Va. 2009) Court dismissed borrower's post-foreclosure claims based on several grounds. The claims were barred by TILA's 3-year statute of repose; could not be asserted against the loan servicer; could not be asserted after the foreclosure sale of the property; and were barred by the borrower's inability to meet his tender obligations. Court dismissed RESPA claims.
  • Tabler v. Litton Loan Servicing LP, No. 03:09-cv-146, 2009 U.S. Dist. LEXIS 70768 (E.D. Va. 2009) Court dismissed borrower's claim for damages and recession pursuant to TILA because (i) the claim was time-barred; (ii) could not be asserted against the loan servicer; and (iii) the alleged violation was not "apparent on the face of the documents."
  • Zambrano v. HSBC Bank USA, N.A., No. 1:09-cv-996 (E.D. Va. 2009) District Court dismissed borrower's rescission claim because it was time-barred by the 3-year statute of repose.
  • Thomas v. H&R Block Mortgage Corp., No. 3:06-cv-672, 2007 U.S. Dist. LEXIS 96639 (E.D. Va. 2007) District Court dismissed borrower's TILA and HOEPA claim for failure to state a claim. The court ruled that the originator's use of an H-8 Notice form rather than an H-9 Notice form did not violate TILA.

Mortgage Litigation

  • Jon has successfully obtained dismissal of dozens of lawsuits in state and federal courts seeking to void or delay foreclosure on residential and commercial properties. These claims are usually based on several different legal theories and claims, including claims under TILA (Reg. Z), FDCPA, FCRA, ECOA (Reg. B), and RESPA (Reg. X) and statutory claims and common law theories. A representative sampling includes:
  • Bolouri v. Bank of America, N.A., No. 1:10-cv-225, 2010 U.S. Dist. LEXIS 87170 (E.D. Va. Aug. 24, 2010).
  • Tapia v. United States Bank, N.A., 718 F. Supp. 2d 689 (E.D. Va. 2010).
  • Ruggia v. Washington Mutual, 719 F. Supp. 2d 642 (E.D. Va. 2010).
  • Larota-Florez v. Goldman Sachs Mortg. Co., No. 01:09-cv-1181, 2010 U.S. Dist. LEXIS 35099 (E.D. Va. April 8, 2010).
  • Zambrano v. HSBC Bank USA, N.A., No. 1:09-cv-996 (E.D. Va. 2009).
  • El-Hady v. Mortgage Elec. Reg. Sys., Inc., CL 10-7226 (Fairfax County, Va. June 2, 2011).
  • Aviles-Wynkoop v. HSBC Bank USA, N.A., CL09-10645 (Fairfax County, Va. Feb. 19, 2010).
  • Soto v. HSBC Bank USA, N.A., CL09-2198 (Prince William County, Va. Sept. 17, 2010).
  • Amaya v. Bank of America, N.A., No. CL09-10651 (Fairfax County, Va. Aug. 13, 2010).

ERISA Litigation

  • Moore v. Life Ins. Co. of N. Am., No. 10-1958, 2011 U.S. App. LEXIS 14618 (4th Cir. Ct. July 15, 2011) affirming 708 F Supp. 2d 597 (N.D. W. Va. 2010) In a multi-faceted decision that was ultimately affirmed by the Fourth Circuit, the District Court ruled AD&D beneficiaries' claims are governed by ERISA because employer established and maintains an employee welfare benefit plan. The Court further affirmed on de novo review insurer's decision to deny AD&D benefits based on insured's drunk driving.
  • Mirabile v. Life Ind. Co. of N. Am., No. 07-1656, 2008 U.S. App. LEXIS 18079 (4th Cir. Aug. 11, 2008) affirming 2007 U.S. Dist. LEXIS 42999 (E.D. Va. June 12, 2007) Fourth Circuit affirmed district court's dismissal of ERISA long-term disability claim based on policy's 3-year limitation period.
  • Green v. UnumProvident Corp., No. 07-1422, 2008 Fed. Appx. 225 (4th Cir. Jan. 8, 2008) affirming 2007 U.S. Dist. LEXIS 962250 (E.D. Va. March 26, 2007) Fourth Circuit affirmed district court's dismissal of ERISA life insurance claim based on non-beneficiary claimant's lack of standing.
  • Duma v. UnumProvident , No. 08-0581 (D.D.C. May 4, 2009) District Court dismissed claimants non-ERISA federal and state law claims against insurer as preempted by ERISA.
  • Lewandowski v. Unum Life Ins. Co. of N. Am., 1:08cv00128 (E.D. Va. Sept. 5, 2008) District Court dismissed claim for ERISA long-term disability benefits due to claimant's failure to exhaust her administrative remedies pursuant to the plan. Claimant failed to appeal insurer's denial decision within 180 days.
  • Satkovich v. Unum Life Ins. Co. of N. Am., 1:07-cv-00509, (E.D. Va. Jan. 8, 2008) District Court dismissed claim for ERISA life insurance benefits because insurer's decision to rescind policy was not an abuse of discretion.
  • Termini v. Life Ins. Co. of N. Am., 474 F. Supp. 2d 775 (E.D. Va. 2007) District Court dismissed plaintiff's motion to remand claim for ERISA AD&D benefits and granted insurer's motion to dismiss state law claims and strike plaintiff's jury demand.
  • Jon has successfull represented ERISA fiduciaries in federal action to recover overpayments of benefits based on, among other things, SSDI and individual policies, including: The Guardian Life Ins. Co. of N. Am. v. Spencer, No. 5:10-cv-00004, 2011 U.S. Dist. LEXIS 869 (W.D. Va. Jan. 5, 2011); Unum Life Ins. Co. of America v. Peeples, No. 1:08-cv-1271 (E.D. Va. Jan, 21, 2009).

Complex Litigation and Insurance Claims

  • Broyhill v. Bank of America, N.A., No. 1:10-cv-905, 2010 U.S. Dist. LEXIS 106766 (E.D. Va. Oct. 2010) In lawsuit seeking recovery of over $2.5 M, District Court dismissed all of Plaintiff's claims arising out of defendant's bank management of trust accounts, including claims for breach of fiduciary duty, constructive fraud, negligence, breach of contract, conversion, and accounting, surcharge and falsification.
  • 1409 15th Street N.W. LLC v. JPMorgan Chase Bank , No. 2008 CA 002847 (D.C. Sup. Ct. 2010) Plaintiff borrowers asserted claims for breach of contract, fraud, unjust enrichment, and quiet title arising out of mortgage origination fees. Court granted defendants' motion to dismiss and summary judgment based on terms of purchase and assumption agreement and common law principles.
  • New York Life Ins. Co. v. Reuter, CL60123 (Loudoun County, Va. June 23, 2011) Circuit Court dismissed claims against insurer arising out of $500,000 life insurance policy and dismissed insurer from lawsuit.
  • Burks v. Kirksville College of Osteopathic Medicine, Inc., CL06-4438 (Virginia Beach, Va. 2008) Won verdict in favor of medical college resulting in award of over $800,000. Lawsuit involved dispute over last will and testament.
  • Jon regularly represents insurers in claims interpleading policy funds into federal and state courts' registries.

Publications, Speaking Engagements, Honors and Other Distinctions

  • Speaker, “Post-Spokeo Survey – An Analysis of Trends and Developments in the Courts,” Troutman Sanders Consumer Financial Services Webinar Series, Richmond, VA, April 19, 2017.
  • Speaker, “Small Business Lending & Workouts: Consumer Protection Issues,” Private Client Presentation and CLE, New York, NY, March 2017.
  • Speaker, “Taking a Mortgage Servicing Case to Trial – A Panel of Litigators Shares Proven Strategies for All Stages of the Litigation and Appeals Process,” American Conference Institute’s 6th Bank & Non-Bank Forum on Mortgage Servicing Compliance, Washington, DC, December 1, 2016.
  • Speaker, “What’s Hot in Mortgage Servicing Litigation? – Examining the Latest Litigation Trends, Fallout from Recent Supreme Court Decisions and Tips and Strategies for the Litigation and Appeals Process,” American Conference Institute’s 5th Bank & Non-Bank Forum on Mortgage Servicing Compliance, Washington, D.C., November 2015.
  • Speaker, “Mortgage Servicing Challenges: Fallout from the Servicing Rules, Issues Arising from Mortgage Servicing Transfers, Litigation and Enforcement Concerns, Servicer Liability Under the FDCPA and the FCRA, Determining and Implementing Best Practices, Defending Against Class Actions and New and Innovative Borrower Claims, and More,” American Conference Institute’s 18th National Forum on Residential Mortgage Litigation, Dallas, TX, September 2015.
  • Speaker, “Mortgage Litigation 101: Non-judicial Foreclosure States,” Private Client Presentation and CLE, Richmond VA, June 2015.
  • Panelist, “In-House Insights: How Corporate Counsel are Managing Consumer Finance Claims/Class Actions,” American Conference Institute’s 20 th National Forum on Consumer Finance Class Actions & Litigation, San Francisco, CA, October 2014.
  • Selected as a Virginia "Rising Star" in Consumer Law by Law & Politics' Virginia Super Lawyers Magazine (2009, 2010, 2011).
  • Co-Author, Civil Practice and Procedure, University of Richmond Law Review, Annual Survey 2007, 42 U. Rich. L. Rev. 229 (2007).

Professional Experience

  • Counsel, Troutman Sanders LLP, 2015-present
  • Director; Assistant General Counsel, Capital One, 2011-2015
  • Associate, Troutman Sanders LLP, 2006-2011
  • Associate, Carter & Shands PC, 2005-2006

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Education

  • University of Richmond,
    J.D., cum laude, Manuscript Editor, University of Richmond Law Review, McNeil Law Honor Society 
  • James Madison University,
    B.A.

Bar Admissions

  • Virginia

Court Admissions

  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. District Court for the Eastern District of Virginia
  • U.S. District Court for the Western District of Virginia
  • U.S. Bankruptcy Court for the Western District of Virginia