Daron Janis practices business litigation and civil appellate law. He regularly represents and defends financial institutions in the consumer and financial industry in cases involving mortgage lending and servicing practices, including cases arising under the home equity provisions of the Texas Constitution, the Real Estate Settlement Procedures Act (RESPA), the Truth in Lending Act (TILA), and the Fair Credit Reporting Act (FCRA), and cases involving mortgage fraud, predatory lending, and unfair and deceptive acts and practices statutes. He also has particular experience in defending financial institutions in cases involving Texas home equity loans under the Texas Constitution.
Prior to attending law school, Mr. Janis spent time working in the mortgage origination industry as a loan officer, processor, closer, and funder. During that time, Mr. Janis gained extensive experience and familiarity with the mortgage industry from both the borrower and lender perspectives.
Education
- J.D., College of William & Mary School of Law, 2007
Law Review, Associate Articles Editor - B.A., Near Eastern Studies, magna cum laude with University honors, Brigham Young University, 2002
- B.A., Linguistics, magna cum laude with University honors, Brigham Young University, 2002
Bar Admissions
Admitted To Practice
- U.S. Court of Appeals for the Fifth Circuit
- U.S. Court of Appeals for the Tenth Circuit
- U.S. District Court for the Northern District of Texas
- U.S. District Court for the Eastern District of Texas
- U.S. District Court for the Southern District of Texas
- U.S. District Court for the Western District of Texas
- U.S. District Court for the Western District of Oklahoma
Representative Experience
- Representation of national mortgage servicing companies in putative class actions and individual litigation regarding the permissibility, under the Texas Constitution, of home equity loan modifications that capitalize past-due amounts.
- Representation of a national bank in defense and appeal of a multi-party action seeking invalidation of liens and forfeiture of all principal and interest on home equity loans under the Texas Constitution based on an allegation that the originating lender was not authorized to make home equity loans in Texas. The trial court dismissed the claims and the United States Court of Appeals for the Fifth Circuit affirmed.
- Representation of a leading contract logistics provider in appeal of adverse judgment awarding lost profits on breach of contract claim. The Texas Court of Appeals reversed and rendered a take nothing judgment. The Texas Supreme Court denied the petition for review.
- Drafted amicus brief to Texas Supreme Court in case regarding the interpretation of the Open Beaches Act and whether such Act recognizes a “rolling” public beachfront access easement.
- Representation of credit reporting agency in Fair Credit Reporting Act defense of negligence and defamation claims arising from a background report generated in connection with plaintiff’s apartment housing application.
- Representation of creditor in suit to recover $1 million judgment from entity related to judgment debtor under a successor liability theory.
- Pro bono representation of individual in obtaining information from international money transferring service to help authorities in Ethiopia prosecute a criminal action where funds intended to purchase a motorized tricycle for disabled relative of the client were stolen.
- Pro bono representation of homeowner in title dispute with another individual and prosecution of counterclaims for unpaid rent and slander of title where the other individual had lived in the property rent-free and placed liens on the property without the homeowner’s consent. After a bench trial, the judge returned a verdict awarding title to the homeowner and awarding damages for unpaid rent and the liens.
- Representation of national mortgage servicer in scores of related cases involving identical lender liability claims arising from forbearance agreements in the wake of Hurricanes Katrina and Rita.
Reported Decisions
- Green v. Lexis-Nexis, ___ Fed. Appx. ___, 2013 WL 1136976 (10th Cir. Mar. 20, 2013)
- Aflatouni v. Select Portfolio Servicing, Inc., No. 4:11-cv-255, 2012 WL 5472172 (E.D. Tex. Nov. 9, 2012)
- Sims v. Carrington Mortgage Servs., LLC, No. 4:12–CV–087–A, 2012 WL 3636884 (N.D. Tex. Aug. 23, 2012)
- Dyer v. Accredited Home Lenders, Inc., No. 02-11-00046-CV, 2012 WL 335858 (Tex. App.—Fort Worth Feb. 02, 2012, pet. denied)
- Smith v. CitiMortgage, Inc., No. 4:10CV693, 2012 WL 629058 (E.D. Tex. Feb. 27, 2012)
- Pennington v. HSBC Bank USA, Nat’l Ass’n, No. A–10–CA–785 LY, 2011 WL 6739609 (W.D. Tex. Dec. 22, 2011)
- Watson v. Citimortgage, Inc., 814 F. Supp. 2d 726 (E.D. Tex. 2011)
- Exel Transp. Servs., Inc. v. Aim High Logistics Servs., LLC, 323 S.W.3d 224 (Tex. App.—Dallas, 2010, pet. denied)
Publications & Presentations
- Issues Arising in Connection with the Foreclosure or Other Enforcement of the Securitized Loan, chapter 5 in Mortgage and Asset Backed Securities Litigation Handbook (Thomson West 2010 Revised)
Professional History
- Associate, Locke Lord LLP
Professional Affiliations & Achievements
- J. Reuben Clark Law Society, International Board, Membership Director
- BYU Management Society, Dallas-Fort Worth Chapter Executive Board
- Member, State Bar of Texas, Litigation Section
- Member, Dallas Bar Association, Business Litigation Section
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