D. Kyle Deak

Partner

Raleigh
Charlotte
Business Phone: 919.835.4133
Business Fax: 919.829.8725

kyle.deak@troutman.com

vCard

Kyle Deak handles trials and appeals in state and federal courts throughout the United States. His practice primarily involves the representation of financial institutions, loan servicers, and mortgage investors, in lender liability actions, real property financing disputes, foreclosures, and other commercial disputes.

In addition, he has represented individuals and businesses in various foreclosure matters, real property matters and claims in bankruptcy cases, as well as various claims involving breach of contract, business torts, breach of fiduciary duty, professional liability, legal and professional malpractice, product liability, and construction issues. Kyle has also represented local governments and law enforcement officers against complaints involving civil rights and use of force.

Kyle has appeared and argued extensively in trial and appellate court in North Carolina, West Virginia, Virginia and Oklahoma. Kyle is a member of the Virginia, DC, North Carolina, and West Virginia bars.

Kyle is a graduate of the Raleigh Chamber of Commerce, Leadership Raleigh Program (2012-2013 class) which pairs leaders in the community for a year-long series of sessions to engage in and discuss community issues and community development. Kyle is also a graduate of Class XXI of Leadership North Carolina (2013-2014 class), a program similar to Leadership Raleigh, albeit with a statewide scope.

Kyle also volunteers with the North Carolina Leadership Council for the American Lung Association, and is a coach for his sons’ YMCA soccer teams and Carolina Youth Lacrosse teams.

Representative Matters

Financial Services Litigation

  • Represented national mortgage loan servicer in defense of $75,000,000 lawsuit filed in Oklahoma City, Oklahoma state court alleging claims for mortgage fraud. Obtained jury verdict in favor of client on all counts following one week jury trial.
  • Represented national mortgage loan servicer in defense of action by bankruptcy trustee to invalidate mortgage based upon, in part, attack on loan assignment. Obtained summary judgment in favor of client and dismissal of all claims by the trustee. Sigmon v. Cornerstone Home Lending, et al., 2014 Bankr. LEXIS 933 (W.D.N.C. Bankr. 2014).
  • Represented national mortgage loan servicer in defense of lender liability claims by borrower in the United States District Court for the Middle District of North Carolina. Obtained dismissal of claims in favor of client. Zander v. Saxon Mortgage, et al., 2014 U.S. Dist. LEXIS 118684 (M.D.N.C. 2014).
  • Represented national HUD lender in defense of action pending the United States District Court for the Eastern District of North Carolina seeking, in part, equitable lien on funds. Obtained dismissal of two of three claims on Motion to Dismiss, and dismissal of remaining claim on Summary Judgment. Shelco v. Donovan, et al., 2013 U.S. Dist. LEXIS 154966 (E.D.N.C. 2013).
  • Represented national lender and mortgage loan servicer in defense of Truth-in-Lending Act claim in the United States District Court for the Eastern District of North Carolina. Obtained dismissal of the claim, appeal pending before the Fourth Circuit Court of Appeals. Baker v. Bank of America, et al., 2014 U.S. Dist. LEXIS 9578 (E.D.N.C. 2013).
  • Represented national mortgage loan servicer and obtained dismissal of various tort based lender liability claims by borrower in the United States District Court for the Eastern District of North Carolina. Joy v. MERSCORP, Inc., et al., 935 F. Supp. 2d 848 (E.D.N.C. 2013).
  • Represented national lender in defense of action filed by Register of Deeds seeking to recovery monies to correct alleged fraudulently filed security instruments in County Registry. Obtained dismissal of the action. Guilford County, NC v. Lender Processing Services, et al., 2013 NCBC 30 (N.C. Business Court 2013).
  • Represented national lender and mortgage loan servicer in defense of action attempting to challenge ability to foreclose. Obtained dismissal of the action, and dismissal affirmed on appeal. Haughton v. HSBC, et al., 737 S.E.2d 191 (N.C. Ct. App. 2012).
  • Represented national lender in defense of lender liability claims pending in Adversary Proceeding in the United States Bankruptcy Court for the Eastern District of North Carolina that sought, in part, to invalidate claim of lender in excess of $20,000,000. Case settled.
  • Represented national mortgage loan servicer in defense of lender liability claim. Obtained dismissal of action in federal court. Ali v. Select Portfolio Servicing Company, et al., 2010 U.S. Dist. LEXIS 56710 (W.D. N.C. 2010).
  • Represented national banking association in North Carolina state court action seeking to attach rent proceeds that were assigned to the bank, and in defense of lender liability claim for tortious interference with contract and unfair and deceptive trade practices. Case settled. Signature Development v. Wells Fargo Bank, N.A., et al., 701 S.E.2d 300 (2010).
  • Represented consumer finance company in various matters related to consumer debt and defaults of consumer debt obligations.
  • Represented a financial institution in an action in federal bankruptcy court in Virginia regarding the Pioneer standard for filing late claims in a bankruptcy proceeding.
  • Represented a financial institution in defense of an action in federal court in Virginia alleging claims for conspiracy and violation of ECOA.
  • Represented a mortgage company before the Virginia State Corporation Commission Bureau of Financial Institutions after the Commissioner of the Bureau of Financial Institutions had denied the mortgage company its Virginia mortgage banking license. After three days of hearing before the State Corporation Commission, our client was granted its mortgage banking license from the State Corporation Commission.
  • Represented a mortgage company in an action related to the default of a promissory note. Obtained judgment for the client after trial.
  • Represented a mortgage company in an action in federal court in Virginia alleging various federal consumer law violations including TILA and RESPA claims. Case settled at mediation with federal magistrate judge.
  • Representation of national banking association in various foreclosure and receivership actions throughout North Carolina.

Local and State Government Litigation

  • Defended city police department and officer in wrongful death claim – summary judgment denied at trial level, reversed on appeal and summary judgment for department and officer ordered on remand. Greene v. City of Greenville, 736 S.E.2d 833, disc. rev. denied, 747 S.E.2d 249 (2013).
  • Defended city police department against excessive force claims arising out of standoff with armed subject that ultimately led to shooting of subject – summary judgment granted in trial court, affirmed on appeal. Turner v. City of Greenville, 677 S.E.2d 480; 2009 N.C. App. LEXIS 732 (2009).

Other Litigation

  • Represented member/manager of limited liability company and obtained dismissal of bankruptcy petition filed by opposing member. In re: Springfield Homes, LLC, 2013 Bankr. LEXIS 4039 (E.D.N.C. Bankr. 2013).
  • Represented leasing agent in lease dispute with tenant. CVM Holdings, LLC v. GAMMA Enterprises, Inc., 2010 U.S. Dist. LEXIS 62161 (E.D.N.C. 2010).
  • Representation of national banking association in defense of multiple claims related to construction of branch locations throughout North Carolina.
  • Represented national retailer in defense of breach of contract action in the United States District Court for the Western District of North Carolina. Obtained settlement following award of over $40,000 in fees from the Court for discovery violation from the opposing party. National Diagnostics, Inc. v. Dollar General Corporation, 2010 U.S. Dist. LEXIS 45565 (W.D.N.C. 2010).
  • Represented automobile aftermarket manufacturer in defense of RICO action filed in the United States District Court for the Southern District of Indiana. Obtained dismissal of claims, and dismissal affirmed on appeal. Jennings v. Auto Meter Products, Inc., et al., 495 F.3d 466 (7th Cir. 2007); Jennings v. Auto Meter Products, Inc., et al., 2006 U.S. Dist. LEXIS 96833 (S.D. Ind. 2006).
  • Represented sports agent and obtained dismissal of case based upon personal jurisdiction in the United States District Court for the Eastern District of Virginia. Sportrust Associates International, Inc., et al., v. The Sports Corporation, et al., 304 F. Supp. 2d. 789 (E.D. Va. 2004).

Selected Publications and Presentations

Professional and Community Involvement

  • North Carolina State Bar, Bar Candidate Interview Committee (2007-2013)
  • Virginia Bar Association (2003-2007)
  • Young Lawyers Division National Moot Court Committee Co-Chair (2005-2007)
  • Wake County Bar Association

Rankings and Recognition

  • Wake Forest University School of Law Carswell Scholarship Recipient
  • Order of the Barristers, 2003
  • Wake Forest Law Review
    Symposium editor, 2002 – 2003
    Editorial staff member, 2001 – 2002
  • Wake Forest Moot Court
    2001 Wake Forest University Stanley Moot Court Competition Winner
    2002 University of North Carolina Craven Moot Court Competition Finalist
    2002 National Moot Court Competition Quarterfinalist
    2002 National Moot Court Competition Regional Best Brief Recipient
    2003 Wake Forest University Moot Court Board Award
  • Wake Forest University School of Law Carswell Scholarship Recipient
  • ABA Section of Urban, State and Local Government Law Award, 2003
  • CALI Excellence for the Future Award
    Land Use Regulation and Planning, 2002
    Legal Research and Writing, 2001
    European Community Law, 2001

Professional Experience

  • Partner, Troutman Sanders LLP, 2015-present
  • Associate, Troutman Sanders LLP, 2006 – 2014
  • Associate, Williams Mullen, P.C. 2003 – 2006
  • Judicial Clerk to the Hon. William Reingold, Chief District Court Judge, Forsyth County, 2001

PrintPDF

Education

  • Wake Forest University, J.D., Order of the Barristers, 2003
  • Colgate University, B.A., magna cum laude, 2000

Bar Admissions

  • 2006 North Carolina
  • 2004 District of Columbia
  • 2003 Virginia
  • 2011 West Virginia

Court Admissions

  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. District Court for the District of Columbia
  • U.S. District Court for the Eastern District of North Carolina
  • U.S. District Court for the Middle District of North Carolina
  • U.S. District Court for the Western District of North Carolina
  • U.S. Bankruptcy Court for the Eastern District of North Carolina
  • U.S. Bankruptcy Court for the Middle District of North Carolina
  • U.S. Bankruptcy Court for the Western District of North Carolina
  • 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 Eastern District of Virginia
  • U.S. Bankruptcy Court for the Western District of Virginia
  • U.S. District Court for the Southern District of West Virginia
  • North Carolina State Courts
  • Virginia State Courts
  • West Virginia State Courts