Michelle L. Rogers
- p. 202.349.8013
- f. 202.349.8080
Michelle L. Rogers is a partner in the Washington, DC, office of BuckleySandler LLP. Ms. Rogers represents institutions in a wide range of litigation matters, including government enforcement actions, class action litigation, regulatory examinations, and internal investigations. She has represented clients in matters involving the Department of Justice (DOJ); the Consumer Financial Protection Bureau (CFPB); federal and state bank regulators; the Department of Housing and Urban Development (HUD); the Federal Housing Finance Agency (FHFA); and state attorneys general, and in cases involving the False Claims Act; Program Fraud Civil Remedies Act (PFCRA); Financial Institutions Reform, Recovery and Enforcement Act (FIRREA); Truth in Lending Act; Fair Housing Act; Equal Credit Opportunity Act; Civil Rights Act; Community Reinvestment Act; and unfair, deceptive, or abusive acts or practices (UDAP and UDAAP) statutes under the Dodd-Frank Wall Street Reform and Consumer Protection Act, Section 5 of the FTC Act, and various state laws. She also has extensive experience managing complex discovery and production issues, including using advanced analytics.
Recently, Ms. Rogers has represented financial institutions in the following matters:
- Ongoing False Claims Act and FIRREA investigations by DOJ, various U.S. Attorneys’ Offices, HUD, and the FHFA concerning compliance with the Federal Housing Administration’s (FHA) Direct Endorsement Lender program guidelines and Fannie Mae and Freddie Mac origination and servicing guidelines.
- CFPB examinations, including of lending, servicing, auto, deposits, credit cards, compliance management, vendor management and targeted complaint process reviews.
- CFPB pre-enforcement and enforcement matters, including managing self-disclosures and responding to PARR (Proposed Action and Request for Response) and NORA (Notice and Opportunity to Respond and Advise) letters.
- Assisting clients with PFCRA cases, proposed notices of termination, and audit responses concerning FHA, Fannie Mae and Freddie Mac loans, including before the Office of the Inspector General, Office of General Counsel, HUD’s Mortgagee Review Board and Quality Assurance Division (QAD), and the FHFA.
- Confidential bank regulator enforcement matters, including referrals to the DOJ for alleged fair lending violations.
- Challenges to and appeals of supervisory ratings assigned by bank regulators.
- Defending lenders, servicers, securitizers and secondary purchasers in class action cases alleging unfair and deceptive lending and violations of fair lending laws.
Prior to joining BuckleySandler at its inception in 2009, Ms. Rogers was an associate at Skadden, Arps, Slate, Meagher and Flom, LLP.
Ms. Rogers was an Articles Editor for the Administrate Law Review and a member of the Moot Court Honor Society, where she won four national Best Oralist awards. Ms. Rogers received a J.D. from The American University, Washington College of Law (summa cum laude, Order of the Coif) and a B.A. from Franklin and Marshall College (magna cum laude, Phi Beta Kappa).
Obtained voluntary dismissal on behalf of clients Greenwich Capital Financial Products and Greenwich Capital Acceptance of adversarial claims in US Bankruptcy court alleging common law fraud, violatio... MORE
Putative nationwide borrower class action alleging, among other things, violations of the Truth in Lending Act (TILA) in ComUnity’s subsequent purchase of payment option... MORE
Provide counsel and advice to top 10 bank holding company during CFPB compliance and servicing examinations.
Assisting global financial services firm with preparation for joint examination by the OCC and CFPB regarding their customer complaint management process.
Achieved summary dismissal of complaint alleging breach of contract, misrepresentation, fraud, and Truth In Lending Act violations on motion to dismiss.
Lawsuit brought by the Commonwealth of Massachusetts alleging unfair and deceptive lending and loan servicing practices. Case settled in June 2009 without admission of liability or wrongdoing.
Advised top 10 bank holding company during regulatory fair lending examination and subsequent referral to Department of Justice, resulting in DOJ decision not to pursue referral and return of matter t... MORE
Advised wholesale lender during regulatory fair lending examination and comparative file review, resulting in finding of no pattern of discrimination on prohibited basis.
Represented GMAC LLC in putative nationwide borrower class action alleging racial discrimination in GMAC's mortgage lending in violation of the Fair Housing Act, the Equal Credit Opportunity Act, and ... MORE
Obtained voluntary dismissal of RBS Financial Products Inc. in lawsuit alleging common law and statutory fraud and violation of the Fair Housing Act and Equal Credit Opportunity Act.
Federal Deposit Insurance Corporation and California Department of Financial Institutions (2007). Cease and desist order relating to underwriting and lending practices in subprime residential real est... 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
On-going representation of RBS Financial Products Inc. in putative nationwide borrower class action alleging, among other things, violations of the Truth in Lending Act (TILA) in RBS's subsequent purc... MORE
Achieved dismissal on demurrer of complaint alleging, among other things, common law and statutory fraud, breach of fiduciary duty and elder abuse in the secondary purchase and sale of plaintiff&rsquo... MORE
Achieved summary dismissal without leave to amend on demurrer of complaint alleging fraud in the securitization of plaintiff’s loan.
Represented Wells Fargo Bank, NA in lawsuit filed by the New York Attorney General alleging fraudulent business practices, unjust enrichment, common law fraud and breach of fiduciary duty on the basis... MORE
Negotiated individual borrower settlements following dismissal of all common law claims and statutory fraud claim on motion to dismiss in case alleging violations of the Truth in Lending Act, and clai... MORE
Negotiated pretrial settlement of action alleging statutory fraud in the origination and securitization of plaintiff’s loan.
Putative nationwide borrower class action alleging, among other things, violations of the Truth in Lending Act (TILA) in GMAC Mortgage’s subsequent purchase of payment o... MORE
Action by HUD MRB alleging statutory claims related to servicing of FHA loans. Negotiated pre-suit settlement resulting in substantial reduction of potential penalties, while successfully avoiding DOJ... MORE
Joint action by the Department of Justice and HUD OIG. Successfully obtained dismissal of HUD proceeding alleging violation of the Program Fraud Civil Remedies Act, and jointly negotiated pre-suit set... MORE
Represented Compass Bank in obtaining a consent decree settlement with the Department of Justice resolving allegations that the bank engaged in a pattern or practice of discrimination on the basis of ... MORE
Joint action by the U.S. Attorney’s Office for the Northern District of Illinois and HUD OIG. Negotiated settlement of a lawsuit involving Civil False Claims Act and Program Civil Fraud Remedies... MORE
Joint action by the U.S. Attorney’s Office for the District of Minnesota and HUD alleging violations of FHA underwriting and late endorsement requirements. Successfully obtained pre-suit s... MORE
Resolved putative nationwide class action lawsuit alleging predatory lending against Financial Asset Securities Corporation through individual borrower settlement following motion to dismiss.
BNA's Banking Report, March 25, 2014
Law360, October 10, 2013
BNA's Banking Report, August 27, 2013
BNA's Banking Report, June 5, 2013
Law360, April 26, 2013
Thomson Reuters Accelus, April 18, 2013
Law360, March 26, 2013
Law360, March 12, 2013
Law360, November 9, 2012
Law360, May 11, 2011
March 2, 2011
Consumer Financial Services Law Report, March 3, 2010
Knowledge & Insights
In The News
Reverse Mortgage Daily, December 8, 2014
October 20, 2014
April 28, 2014
May 1, 2013
Parents Magazine, January 17, 2012
December 15, 2011
May 12, 2011
Speaking Engagements & Events
October 6, 2014
October 1, 2014
September 30, 2014
March 17, 2014
January 27, 2014
April 11, 2013
February 21, 2013
November 16, 2012
October 24, 2011
Awards & Recognition
- Super Lawyers 2014 Rising Star: Banking