Robert T. Mowrey

Rob Mowrey handles complex business-related and financial services litigation. He is well known and highly regarded within the financial services industry with more than 35 years of first-chair experience in jury and non-jury trials, arbitrations, mediations and appeals. He represents banks, non-banks and other financial institutions in the consumer financial services industry in individual suits and nationwide and state class action litigation. Rob regularly litigates cases arising under the Real Estate Settlement Procedures Act (RESPA), Truth in Lending Act (TILA), Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA), False Claims Act (FCA) and cases involving lender liability, mortgage fraud, predatory lending, and unfair and deceptive acts and practices statutes.Rob was named the 2023 Dallas Litigation – Banking and Finance Lawyer of the Year by The Best Lawyers in America®.

Rob's representative experience includes:

Financial Services

• Represented national mortgage company in purported class action claims involving the Real Estate Settlement Procedures Act and the unauthorized practice of law. The U.S. Court of Appeals for the Fifth Circuit reversed the certification orders
• Represented a national lender in lender liability case. After a three-week jury trial, the jury trial returned a defense verdict and the court awarded the lender its attorney fees and expenses for defending the suit. The U.S. Court of Appeals for the Fifth Circuit affirmed
• Represented national mortgage company in purported class action claims involving mortgage and pool insurance. The district court granted the mortgage company's motion to dismiss and the U.S. Court of Appeals for the Fifth Circuit affirmed

Automotive

• Represented automobile dealers in purported class action involving financing. After a week-long jury trial, the jury rendered a defense verdict. The trial court then certified the case as a class action and the Texas Court of Appeals reversed the certification

Real Estate

• Represented national homebuilder in Deceptive Trade Practices action regarding land purchase. After a three-week jury trial, the jury returned a defense verdict and awarded the homebuilder its attorney fees. The Texas Court of Appeals affirmed

Reported Decisions

• Germain v. US Bank National Association as Trustee for Morgan Stanley Mortgage Loan Trust 2006-7, 920 F.3d 269 (5th Cir. 2019) (RESPA case)
• Johnson v. Ocwen Loan Servicing, L.L.C., 918 F.3d 505 (5th Cir. 2019) (RESPA case)
• Campidoglio LLC v. Wells Fargo & Company, 870 F.3d 963 (9th Cir. 2017) (putative class case)
• Alexander v. AmeriPro Funding, Incorporated, 848 F.3d 698 (5th Cir. 2017) (ECOA case)
• Seigel v. U.S. Bank National Association, 218 F.Supp.3d 541 (S.D. Tex. 2016) (summary judgment)
• Wood v. HSBC Bank USA, N.A., 505 S.W.3d 542 (Tex. 2016)
• Garofolo v. Ocwen Loan Servicing, L.L.C., 497 S.W.3d 474 (Tex. 2016)
• Barzelis v. Flagstar Bank, F.S.B., 784 F.3d 971 (5th Cir. 2015)
• Wells Fargo Bank, N.A. v Murphy, 458 S.W.3d 912 (Tex. 2015)
• Richardson v. Wells Fargo Bank, N.A., 740 F.3d 1035 (5th Cir. 2014)
• Sims v. Carrington Mtge. Servs., L.L.C., 889 F. Supp. 2d 883 (N.D. Tex. 2012), aff'd in part & question certified, No. 12-10978, --- F. App'x ---, 2013 WL 4083287 (5th Cir. Aug. 14, 2013), certified question accepted, No. 13-0638 (Tex. Aug. 23, 2013), certified question accepted, 440 S.W.3d 10 (Tex. May 16, 2014)
• Reinagel v. Deutsche Bank Nat. Trust Co., 722 F.3d 700 (5th Cir. 2013)
• King v. Bank of New York, 2008 WL 2764523 (Tex. App. – Corpus Christi 2008) (jury trial)
• Bradford v. WR Starkey Mortgage, 2008 WL 4501957 (N.D. Ga. Feb. 22 2008) (dismissal of nationwide class action)
• Rivera v. Countrywide Home Loans, Inc., 2008 WL 3196646 (Tex. App. – Dallas 2008) (summary judgment)
• Hawthorne v. Countrywide Home Loans, Inc., 150 S.W.3d. 574 (Tex. App. -- Austin 2004, no writ) (class action)
• Robinson v. Texas Automobile Dealers Ass'n, 387 F.3d 416 (5th Cir. 2004) (class action)
• O'Sullivan v. Countrywide Home Loans, Inc., 319 F.3d 732 (5th Cir. 2003) (class action)
• Moore v. Radian Group, Inc., 233 F. Supp. 2d 819 (E.D.-Tex. 2002), aff'd, 69 Fed. Appx. 659, _F.3d_, 2003 WL 21356062 (5th Cir. 2003) (class action)
• Isaac v. Norwest Mortgage, 153 F. Supp.2d 900 (N.D. Tex.-2001) (Fair Housing Act case)
• Peltier Enterprises, Inc. v. Jonray A. Hilton, 51 S.W.3d 616 (Tex. App.- Tyler 2000, pet. denied) (class action; jury trial)
• E-Z Mart Stores, Inc. v. Xerox Credit Corporation, TX-90-02-CA (E.D. Tex. 1991) (after obtaining verdict in lender's favor, the trial court awarded the lender its attorney's fees and expert witness expenses for defending the suit), aff'd, 990 F.2d 1252 (5th Cir. 1993)
• Daniel v. Ferguson et al., 839 F.2d 1124 (5th Cir. 1988) (jury trial)
• Howell v. Homecraft Land Development, Inc., 749 S.W.2d 103 (Tex. App. -- Dallas 1987, writ denied) (jury trial)
• Williams v. Thomas, 692 F.2d 1032 (5th Cir. 1982) (jury trial)