Matthew P. Previn
Partner
- p. 212.600.2310
- f. 212.600.2405
- mprevin@buckleysandler.com
Biography
Matthew Previn, a partner in the New York office of BuckleySandler LLP, defends banks, mortgage originators and servicers, credit card issuers, and specialty finance companies in examinations, investigations, and enforcement actions initiated by the Consumer Financial Protection Bureau, Department of Justice, Federal Trade Commission, Office of the Comptroller of the Currency, U.S. Department of Housing and Urban Development, Federal Deposit Insurance Corporation, and state Attorneys General and financial regulators.
Mr. Previn also leads the firm’s consumer class action practice in New York. He has litigated cases arising under the Fair Housing Act, Equal Credit Opportunity Act, Truth in Lending Act, Real Estate Settlement Procedures Act, Home Ownership and Equity Protection Act, Fair Credit Reporting Act, Electronic Fund Transfer Act, and unfair and deceptive trade practices statutes. Mr. Previn advises financial institutions in mortgage repurchase demands and litigates mortgage repurchase cases. He also counsels banks and other financial services companies on consumer finance regulatory and compliance matters.
Current and recent representative regulatory and enforcement matters include:
- Representation of large national bank in False Claims Act and FIRREA investigations by the U.S. Attorney’s Office for the Southern District of New York.
- Representation of leading national bank in a joint CFPB and Maryland Attorney General investigation into allegations that loan officers accepted leads and marketing assistance from a title company in exchange for referrals to the title company, resulting in a settlement with no admission of liability.
- Representation of payday lender in investigations by the CFPB, FTC and state regulators regarding loan origination and servicing practices.
- Representation of large national bank in investigation by New York Attorney General regarding deposit account practices.
- Representation of national bank in CFPB investigation regarding compliance with Regulation E.
- Representation of mortgage lead generator in FTC investigation and settlement related to allegations of deceptive adverting practices.
- Representation of bank in OSHA whistleblower investigation under the Sarbanes-Oxley Act and the Consumer Financial Protection Act regarding alleged mortgage compliance violations.
- Representation of banks, mortgage originators, and finance companies in various investigations by state Attorneys General regarding lending practices.
Representative litigation matters include:
- Representation of banks and nonbank mortgage lenders in putative class actions challenging formation and operation of MERS.
- Representation of mortgage originator in lawsuit brought by liquidating trust of bankrupt securitizer alleging breach of contract and indemnification based on purported defects in mortgage loans.
- Representation of large mortgage servicer in putative nationwide class action regarding customer enrollment in home service and home warranty plans.
- Representation of leading credit card issuer in class action regarding reduction in credit lines and assessment of overlimit fees. Nationwide class settlement reached.
- Representation of mortgage lender in putative nationwide class action alleging RESPA violations in connection with alleged captive mortgage reinsurance arrangement.
- Representation of leading national bank in qui tam action brought under the False Claims Act based on allegations that bank improperly submitted loans for FHA insurance where the borrowers received seller-funded down payment assistance through nonprofit programs such as the Nehemiah program.
Representation of multiple banks in “mass actions” alleging fraudulent acts in connection with origination and servicing of mortgages. - Representation of subprime lender in multiple putative class actions regarding variety of origination practices.
- Representation of software company providing appraisal technology in putative class action alleging false advertising under Lanham Act.
- Representation of bank in putative class action regarding enrollment in, and fees associated with, overdraft protection program.
- Representation of mortgage originator in multiple mortgage repurchase lawsuits brought by purchasers of mortgages alleging violations of loan underwriting guidelines.
- Representation of bank in qui tam action brought under Florida False Claims Act regarding payment of Florida stamp tax in connection with mortgage assignments.
Prior to joining BuckleySandler, Mr. Previn was Senior Counsel at HSBC Finance Corporation, where he provided regulatory advice and managed litigation for the bank credit card and private label credit card businesses. Before joining HSBC, Mr. Previn was a member of the financial institutions and litigation groups at WilmerHale.
Mr. Previn served as a law clerk to the Honorable Cornelia Kennedy of the United States Court of Appeals for the Sixth Circuit. He received his J.D. from Georgetown University Law Center with Honors (Senior Editor, Georgetown Law Journal) and his B.A. from Yale University.
Significant Representations
Delgado v. Ocwen Loan Servicing
Represent mortgage loan servicer in putative nationwide class action regarding customer enrollment in home service and warranty plans.
Nationstar Mortgage LLC v. Aurora Loan Services, LLC and Aurora Commercial Corporation
Represent leading mortgage servicer in lawsuit asserting breach-of-contract and indemnification claims in connection with mortgage servicer’s acquisition of mortgage servicing rights.
Fangman, et al. v. Genuine Title, et al.
Represent JPMorgan Chase Bank in a class action alleging violations of RESPA and state UDAP law related to an alleged referral arrangement between loan officers and title company.
Blake, et al. v. JPMorgan Chase Bank, N.A., et al.
Represent JPMorgan Chase Bank, N.A. and affiliated entities in putative class action alleging violations of RESPA and common law unjust enrichment related to captive mortgage reinsurance arrangement.
Representation of JPMorgan Chase in a Joint CFPB and Maryland AG Settlement
Represented JPMorgan Chase Bank in a joint CFPB and Maryland Attorney General investigation into allegations that loan officers accepted leads and marketing assistance from a now-defunct title company... MORE
Represent JPMorgan Chase Bank, N.A. in individual borrower action alleging fraud and unfair and deceptive trade practices under the D.C. Consumer Protection and Procedures Act in connection with borro... MORE
United States of America, ex rel. Hastings vs. Wells Fargo Bank, N.A. et al.
Represented JPMorgan Chase in qui tam action brought under the False Claims Act based on allegations that defendants improperly submitted loans for FHA insurance where the borrowers received seller-fu... MORE
Abraham v. American Home Mortgage Servicing, Inc.
Represented JPMorgan Chase in mass action involving hundreds of mortgage borrowers alleging various fraudulent acts in connection with the origination and servicing of their loans, allegedly in violat... MORE
State Attorney General Investigations
Representation of banks and finance companies in investigations by State Attorneys General.
Biegher v. JPMorgan Chase Bank, N.A.
Represented JPMorgan Chase in putative nationwide class action regarding processing of payments made from Chase deposit accounts to Chase credit card accounts and disclosures made by Chase in connecti... MORE
Cabrejas et al. v. Accredited Home Lenders, Inc.
Putative statewide class action alleging that lender violated Maryland’s Secondary Mortgage Loan Law by charging fees other than fees denominated “origination fee.” Client prev... MORE
CFPB Consumer Complaint Process Examination
Assisting global financial services firm with preparation for joint examination by the OCC and CFPB regarding their customer complaint management process.
Chase Home Finance, LLC v. Maalouf
Represent mortgage lender in successful Fourth Circuit appeal of judgment finding borrower jointly and severally liable for debts incurred when spouse wrote checks on home equity line of credit.
County of Multnomah, Oregon v. MERS, Inc.
Represent JPMorgan Chase and WMC Mortgage in action by Multnomah County, Oregon, regarding naming of MERS as beneficiary in deeds of trust and alleged nonpayment of recording fees in connection with m... MORE
Credit-Based Asset Servicing and Securitization, LLC v. The CIT Group/Consumer Finance, Inc.
Represent originator of mortgage loans in lawsuit by purchaser of loans alleging breaches of representations and warranties in loan purchase agreements.
Crowley v. JPMorgan Chase & Co. and Chase Bank USA, N.A.
Class action brought on behalf of credit card customers regarding reduction in credit line and assessment of overlimit fees. Nationwide class settlement reached.
DB Structured Products, Inc. v. The CIT Group/Consumer Finance, Inc., et al.
Represent originator of mortgage loans in lawsuit by purchaser of loans alleging breaches of representations and warranties in loan purchase agreements.
Edwards et al. v. Accredited Home Lenders, Inc., et al.
Putative statewide class action brought by Alabama borrowers alleging that lender violated Truth in Lending Act by not excluding from the finance charge fees that the borrowers alleged were improperly... MORE
Representation of major mortgage servicer in investigation initiated by Federal Housing Finance Agency as conservator for Fannie Mae and Freddie Mac.
FTC v. GoLoansOnline.com, Inc.
Represented client in investigation and settlement with FTC related to allegations of deceptive mortgage advertising practices, including alleged violations of the Mortgage Acts and Practices Advertis... MORE
Harold H. Huggins Realty, Inc. et al. v. FNC, Inc.
Putative nationwide class action on behalf of real estate appraisers alleging that defendant falsely advertised its web-based service for ordering and delivering appraisals, allegedly in violation of ... MORE
In re Mortgage Electronic Registration Systems (MERS) Litigation
Represent GE Money Bank and American Home Mortgage Servicing, Inc. in multidistrict litigation involving multiple class actions related to the formation and operation of MERS. Motion to dismiss grante... MORE
Represent top 10 bank in ongoing investigation by the U.S. Attorney for the Southern District of New York regarding the bank's compliance with FHA's direct endorsement lender program, including the ba... MORE
Represent top 10 bank in ongoing investigation by the U.S. Attorney for the Southern District of New York regarding the bank's mortgage underwriting standards and representations made in the sale of l... MORE
Jackson County, Missouri v. MERSCORP, Inc.
Represent WMC Mortgage in putative class action filed by Jackson County, Missouri on behalf of all Missouri Counties regarding the recording of deed of trust assignments and payment of applicable reco... MORE
Lehman Brothers Holdings, Inc. v. First Guaranty Mortgage Corporation
Represent originator of mortgage loans in lawsuit by purchaser of loans alleging breaches of representations and warranties in loan purchase agreements.
Miller v. St. Paul Mercury Insurance Co.
Represent Strategic Capital Bancorp, Inc. (SCBI) and a former director in successful appeal reversing lower court decision dismissing complaint filed by SCBI against D&O l... MORE
Miller et al. v. Strategic Capital Bancorp Inc. et al.
Secured dismissal on behalf of Strategic Capital Bancorp, Inc. (SCBI) and one of its former directors in a lawsuit alleging that SCBI and certain of its directors and officers misled investors in conn... MORE
Muldrow v. EMC Mortgage Corporation
Represent EMC Mortgage in borrower action alleging that servicer's default servicing practices violated the DC Consumer Protection Procedures Act. Summary judgment for EMC affirmed on appeal to ... MORE
NCRC v. Accredited Home Lenders, Inc. et al.
Lawsuit by consumer advocacy group alleging that lender violated the Fair Housing Act by adopting policies against making loans secured by row homes or by properties valued below a specified threshold... MORE
Plymouth County, Iowa v. MERSCORP, Inc.
Represent WMC Mortgage in putative class action filed by Plymouth County, Iowa on behalf of all Iowa Counties regarding the recording of mortgage assignments and payment of applicable recording fees.&... MORE
Ramsey County, Minnesota v. MERSCORP Holdings, Inc.
Represent JPMorgan Chase Bank, N.A. in putative class action filed by two Minnesota Counties on behalf of all Minnesota Counties regarding the recording of mortgage assignments and payment of attendan... MORE
Samp v. JPMorgan Chase Bank, N.A.
Represent JPMorgan Chase in putative nationwide class action alleging that JPMC’s mortgage reinsurance practices violated RESPA. Dismissal of complaint on appeal before Ninth Circuit.
Representing JPMorgan Chase in putative nationwide class action regarding enrollment in, and fees associated with, overdraft protection program. Complaint asserts claims under the Electronic Fun... MORE
Sovereign Bank v. Accredited Home Lenders, Inc.
Represented mortgage originator in repurchase litigation brought by purchaser of mortgages alleging violation of loan underwriting guidelines.
State of Florida ex rel. Stevens v. GE Money Bank
Represent GE Capital Retail Bank in qui tam action brought under Florida False Claims Act regarding payment of Florida stamp tax in connection with mortgage assignments. Motion to dismiss grante... MORE
State of Georgia, ex rel. Saunders v. Mortgage Electronic Registration Systems, Inc.
Represent GE Capital in qui tam action brought under RICO and state law related to formation and use of MERS. Client prevailed on motion to dismiss.
State of Nevada ex rel. Hager v. Countrywide Home Loans Servicing
Represent WMC Mortgage in qui tam action brought under Nevada False Claims Act concerning payment of real estate property transfer taxes. Motion to dismiss granted.
State of New York ex rel. Bates v. MERS, Inc.
Represent JPMorgan Chase Bank, N.A. and WMC Mortgage in qui tam action brought under New York False Claims Act regarding recording of mortgages identifying MERS as mortgagee and failure to record mort... MORE
Taylor v. Accredited Home Lenders, Inc. et al.
Putative nationwide class action alleging that lender’s “discretionary pricing policy” violated Fair Housing Act and Equal Credit Opportunity Act.
U.S. Bank N.A. v. GreenPoint Mortgage Funding, Inc.
Representation of Greenpoint Mortgage Funding Inc. (now a subsidiary of Capital One) in loan repurchase action in New York State court relating to securitization of mortgage loan pool valued in excess... MORE
U.S. Department of Justice Investigation
Representation of major bank in investigation by U.S. Attorney for the S.D.N.Y. regarding FHA lending practices.
Weller et al. v. Accredited Home Lenders, Inc.
Putative statewide class action alleging that lender violated various Minnesota state laws limiting title fees, preventing borrowers from being placed into lower investment grade loans without notice,... MORE
Whitfield v. Radian Guar., Inc.
Submitted Amici Curiae Brief on behalf of Mortgage Insurance Companies of America, Mortgage Bankers Association and Consumer Mortgage Coalition in support of mortgage insurer in connection with appeal... MORE
Publications
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DOJ's Pursuit of Admissions - And The Risk of Settling
Law360, April 6, 2015
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A Financial Institution's Fraud on Itself Triggers FIRREA
Law360, April 26, 2013
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New York Becoming the Leading Venue for Financial Fraud Whistleblower Suits
BNA's Banking Report, December 18, 2012
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How the DOJ is Adapting in the War on Financial Fraud
Law360, November 9, 2012
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Rising Tide of Operational Risk Demands Due Diligence in Vendor Selection
National Mortgage News, September 20, 2012
Knowledge & Insights
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Special Alert: CFPB's Proposed Rule Regarding Payday, Title, and Certain Other Installment Loans
June 6, 2016
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Special Alert: SCOTUS Vacates Ninth Circuit Decision in Case Alleging Procedural FCRA Violations
May 16, 2016
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Special Alert: CFPB Releases Outline of Proposed Rule for Payday, Vehicle Title, and Similar Loans
March 27, 2015
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Special Alert: Class Action Suit Filed Based on CFPB Consent Order
October 17, 2014
In The News
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BuckleySandler Hosts Eighth Annual Fair Lending Today Conference
March 14, 2016
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BuckleySandler Hosts 2nd Annual CFPB Today Conference
November 4, 2015
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Matthew Previn Quoted in Law360 Article, "Coming CFPB Arbitration Rules Face Multiple Legal Fights"
Law360, October 7, 2015
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BuckleySandler Hosts Annual Fair Lending Today Conference
March 16, 2015
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BuckleySandler Hosts Inaugural CFPB Today Conference
October 20, 2014
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Matthew Previn Quoted in Law360 Article, "Attorneys React To High Court's Arbitration Ruling"
Law360, June 20, 2013
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Matthew Previn Quoted in Law360 Article, "Rakoff Ruling in 1B BofA Case May Halt DOJ Hot Streak"
Law360, May 6, 2013
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BuckleySandler Secures Dismissal in Securities Fraud Case
April 30, 2010
Speaking Engagements & Events
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March 14, 2016
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BuckleySandler CFPB Today Conference 2015: Unsecured Lending and Deposits
October 26, 2015
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March 16, 2015
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ACI's 21st National Conference on Consumer Finance Class Actions & Litigation
January 29, 2015
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BuckleySandler CFPB Today Conference: CFPB Enforcement Trends
October 6, 2014
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BuckleySandler Fair Lending Today Conference: Fair Lending Litigation Update
March 17, 2014
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February 18, 2014
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November 16, 2012
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July 26, 2012
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Mortgage Bankers Association's National Secondary Market Conference & Expo 2012
May 6, 2012
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ACI’s 5th National Advanced Forum on Residential Mortgage Litigation and Regulatory Enforcement
October 19, 2010
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April 19, 2010
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April 19, 2010
