Mark J. Windham

Mark has particular expertise in defending claims under 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 versions of the Unfair and Deceptive Trade Practices Act (UDTPA). Mark regularly defends against lender liability claims related to or alleging breach of contract, promissory estoppel, title and lien priority disputes, municipal violations, and matters affecting real estate-owned properties (REO).

Mark represents creditors in proceedings under Chapters 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.

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 U.S., 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 through the Consumer Financial Services Law Monitor blog.

• National counsel for one of the nation’s largest mortgage loan servicers, in state and federal actions around the U.S. involving claims under FCRA, FDCPA, RESPA, TCPA, and TILA.
• Regional counsel to national banks for mortgage litigation and related consumer financial services litigation.
• Counsel to large Georgia- and North Carolina-based banks in actions involving wire fraud, breach of contract, and negligence.
• Counsel for a large nonbank mortgage servicer in relation to consumer complaints made to the Consumer Financial Protection Bureau and to state regulatory agencies and attorneys general.
• Counsel for national automobile lender in TCPA suits.
• Extensive experience representing banks, mortgage companies, and loan servicers in state and federal courts defending against mortgage-related claims, including “show me the note” claims, HAMP claims, and claims to rescind or reform mortgages.
• Hsiao Yip v. Dynamic Recovery Solutions, LLC, et al., 18-cv-2586, 2019 U.S. Dist. LEXIS 191846 (N.D. Ga. June 18, 2019) adopted at 2019 U.S. Dist. LEXIS 191845 (Sept. 26, 2019) (secured dismissal of FDCPA claims against debt collector related to charging of statutory interest on charged-off debt).
• Parker v. Trans Union, LLC et al., No. 1:19-cv-01897-TCB-JKL (N.D. Ga. Jan. 28, 2020) (secured dismissal of FCRA case against furnisher related to reporting of accurate historical payment information for charged-off account).
• Holmes v. Ocwen Financial Corporation, No. 1:17-cv-03979-CC, 2018 U.S. Dist. LEXIS 131675 (N.D. Ga. June 11, 2018), affirmed at 747 Fed. Appx. 836 (11th Cir. 2019) (secured dismissal of Truth in Lending Act claims brought by borrower seeking to rescind loan and invalidate mortgage).
• Byers v. Ditech Financial, LLC, No. 1:17-cv-01577-SCJ, 2016 U.S. Dist. LEXIS 189300, 2016 WL 8814359 (N.D. Ga. Nov. 14, 2016) (obtained dismissal of complaint against lender seeking to invalidate mortgage contract as “unconscionable”).
• Matveychuk v. One West Bank, FSB, 2013 U.S. Dist. LEXIS 182800, 2013 WL 6871981 (N.D. Ga. Dec. 19, 2013) (obtained dismissal of claims against mortgage servicer and insurer based on alleged denial of due process due to involvement of a government-sponsored enterprise).
• DeSouza v. Fed. Home Mortg. Corp., 572 Fed. App’x 719 (11th Cir. 2014) (obtained an order affirming dismissal of wrongful foreclosure and fraud claims related to standing to foreclose under state law).
• Lafayette v. Ocwen Mortg. Serv. (In re Lafayette), 2016 Bankr. LEXIS 4394 (N.D. Ga. Bankr. Dec. 15, 2016) (obtained dismissal of adversary proceeding based on the application of res judicata to wrongful foreclosure allegations).
• Douglas v. Southstar Funding, LLC, No. 1:18-cv-01802-MLB, 2018 U.S. Dist. LEXIS 222744 (N.D. Ga. Oct. 28 2018) (obtained dismissal of all claims brought by borrower against mortgage servicer under the FDCPA, RESPA, and TILA).
• Stabb v. GMAC Mortg., LLC, 579 Fed. App’x 706 (11th Cir. 2014) (obtained opinion affirming dismissal of wrongful foreclosure and quiet title claims by borrower against mortgage servicer).