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Mark J. Windham

Associate

Atlanta
Business Phone: 404.885.3917
Business Fax: 404.885.3900

mark.windham@troutman.com

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Mark Windham is an associate in the firm’s Consumer Financial Services practice, with a focus on Financial Services Litigation and consumer law compliance. Mark’s principal areas of practice include consumer law, business disputes and commercial litigation.

Mark has particular expertise in defending financial services companies (including banks, lenders, mortgage companies, debt collectors, loan servicers, and government-sponsored enterprises ("GSEs")) in litigation under various federal and statutes and regulations, including the Fair Credit Reporting Act ("FCRA") and Regulation V ("Reg V"); the Truth in Lending Act ("TILA") and Regulation Z ("Reg Z"); the Telephone Consumer Protection Act ("TCPA"); the Fair Debt Collection Practices Act ("FDCPA") and state law analog statutes; the Real Estate Settlement Procedures Act ("RESPA") and Regulation X ("Reg X"); federal and state Racketeer Influenced and Corrupt Organizations Act ("RICO"); Articles 2, 3, 4, 9 and 9A of the Uniform Commercial Code ("UCC"); the Georgia Fair Business Practices Act ("GFBPA"), and various state Unfair and Deceptive Trade Practices Acts ("UDTPA").

Mark regularly represents creditors in proceedings under chapter 7, 11, and 13 of the U.S. Bankruptcy Code, with a particular focus on the overlap of bankruptcy and consumer protection laws, including claims under the FDCPA and FCRA. Mark also handles adversary proceedings involving stay violations and preference actions. In addition to consumer law claims, Mark regularly defends businesses against claims for breach of contract, promissory estoppel, fraud/misrepresentation, negligence, wrongful foreclosure, and wrongful eviction. On the real-estate owned ("REO") side, Mark represents businesses in title and lien priority disputes, municipal violations, and other REO matters.

In addition to the trial and appellate experience, Mark employs alternative dispute resolution ("ADR"), including mediation and arbitration, in order to advance his clients’ interests in a cost-effective matter. Mark has successfully counseled clients in cases throughout the country, including in matters in Alabama, Arizona, California, the District of Columbia, Florida, Georgia, Maryland, North Carolina, South Carolina, and Tennessee.

While in law school at the University of North Carolina at Chapel Hill, Mark wrote for the North Carolina Banking Institute Journal. Mark also has a Master’s Degree in Geographic Information Systems, and has taught business courses in that field at the college level.

Mark provides analysis and commentary on legal and business developments in the consumer financial services industry, with a focus on debt collection and credit reporting, through the Consumer Financial Services Law Monitor blog at www.cfslawmonitor.com.

Representative Matters and Experience

  • Matveychuk v. One West Bank, FSB, 2013 U.S. Dist. LEXIS 182800 (N.D. Ga. Dec. 19, 2013) (obtained order denying borrower’s request for preliminary injunction of non-judicial foreclosure based denial of due process due to alleged involvement of Federal National Mortgage Association in the underlying loan).
  • Stabb v. GMAC Mortg., LLC, 579 Fed. App’x 706 (11th Cir. 2014) (obtained order affirming dismissal of wrongful foreclosure and quiet title claims).
  • Johnson v. IndyMac Mortg. Servs., LLC, 2013 U.S. Dist. LEXIS 194993 (N.D. Ga. Nov. 7, 2013) (obtained dismissal of wrongful foreclosure suit based on allegations of rejected tender of loan balance).
  • Lafayette v. Ocwen Mortg. Serv. (In re Lafayette), 2016 Bankr. LEXIS 4394 (N.D. Ga. Bankr. Dec. 15, 2016) (obtained order dismissing adversary proceeding based on application of res judicata to wrongful foreclosure allegations).
  • DeSouza v. Fed. Home Mortg. Corp., 572 Fed. App’x 719 (11th Cir. 2014) (obtained order affirming dismissal of wrongful foreclosure and fraud claims related to standing to foreclose).
  • Counsel for one of the nation's largest loan servicers in state and federal actions around the country involving claims under FCRA, FDCPA, RESPA, TCPA, and TILA.
  • Successfully defended numerous actions against national mortgage lenders and servicers arising from foreclosures, debt collection, and loss mitigation.
  • Counsel for large non-bank mortgage servicer in relation to consumer complaints to the Consumer Financial Protection Bureau and to state regulatory agencies and attorneys general.
  • Successfully defended banks, auto finance companies, consumer finance companies, credit card issuers, and debt buyers in cases under federal and state consumer protection laws.
  • Counsel for national automobile lender in TCPA suits.
  • Counsel for national debt collection agency in suits under the FCRA and FDCPA.
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Education

  • University of North Carolina, J.D., 2004
    Staff Writer, North Carolina Banking Institute Journal
  • Florida State University, M.S., summa cum laude, 2006
  • Troy University, B.A., summa cum laude, 2001

Bar Admissions

  • Georgia

Court Admissions

  • Supreme Court of Georgia
  • Georgia Court of Appeals
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. Bankruptcy Court for the Northern District of Georgia
  • U.S. District Court for the Northern District of Georgia
  • U.S. District Court for the Middle District of Georgia
  • U.S. Bankruptcy Court for the Middle District of Georgia