Simon Fleischmann is the leader of the litigation section of Locke Lord’s Consumer Finance Practice Group. He concentrates his practice on the representation of banks and finance companies in class actions and other complex-litigation matters.
Mr. Fleischmann maintains a national litigation practice. He has acted as sole or joint lead counsel in cases in California, Florida, Illinois, New York, and several other states. He has tried jury and non-jury cases in federal and state courts, and he has argued in federal appellate court. Most of the cases Mr. Fleischmann handles arise under the Truth in Lending Act (TILA), the Real Estate Settlement Procedures Act (RESPA), the Equal Credit Opportunity Act (ECOA), state unfair and deceptive acts and practices laws (UDAP), other consumer lending statutes and regulations, bankruptcy laws, and the common law.
Below is a sample of the types of cases Mr. Fleischmann has handled in recent years:
- Defending against class claims attacking a mortgage company’s compliance with an Illinois mortgage-foreclosure reform statute;
- Representing an auto lender in a national class action challenging the imposition of late fees;
- Representing several mortgage servicers in class and individual actions asserting purported rights under the federal Home Affordable Mortgage Program (HAMP) and related trial period plans;
- Defending mortgage loan servicer against class-action claims attacking foreclosure processes;
- Acting as appellate counsel in mortgage-foreclosure actions;
- Representing mortgage companies in nationwide class actions relating to the suspension or reduction in HELOC limits;
- Defended mortgage servicer in nationwide class action asserting that failure to provide adverse-action notices when denying loan modification requests violates ECOA;
- Representing mortgage servicers in multidistrict litigation (MDL) involving claims of improper lending practices;
- Representation of title insurer in multiple state class actions alleging antitrust and RESPA violations in connection with title insurance practices;
- Defending several mortgage servicers against allegations of unfair and deceptive loan-modification practices;
- Represented mortgage lenders and servicers in nationwide class actions asserting disclosure violations under TILA;
- Representation of mortgage originators in connection with claims of negligent and discriminatory lending practices;
- Representation of a mortgage-insurance company in subprime RMBS investor litigation;
- Representation of mortgage servicer in class action regarding the assessment of prepayment penalties;
- Representation of mortgage servicers in connection with claims under the Cranston-Gonzalez amendments to RESPA dealing with qualified written requests (QWR) and other servicing requirements; and
- Defended mortgage lender in nationwide class action involving disputes over yield-spread premiums (YSP) under RESPA and allegations that charging a document-preparation fee constitutes the unauthorized practice of law.
In addition to consumer litigation, Mr. Fleischmann has substantial experience in the representation of commercial lenders in loan workout and restructuring matters, including litigation matters concerning lender liability, duties under U.C.C. Article 9, and the rights of secured parties under the bankruptcy code. Mr. Fleischmann has also effectively handled cases involving disputes with respect to the reasonableness of valuation reports and fairness opinions.
Mr. Fleischmann also speaks and publishes articles on topics of interest in the lending industry.
Education
- J.D., cum laude, State University of New York at Buffalo Law School, 2001
Order of the Barristers - B.A., The Ohio State University, 1998
Bar Admissions
Admitted To Practice
- U.S. District Court for the Northern District of Illinois, 2001
- U.S. District Court for the Western District of Michigan, 2002
- U.S. Court of Appeals for the Seventh Circuit, 2003
- U.S. District Court for the Northern District of Illinois Trial Bar, 2005
- U.S. District Court for the Northern District of Indiana, 2010
- U.S. District Court for the Central District of Illinois, 2010
- U.S. District Court for the Eastern District of Wisconsin, 2011
Publications & Presentations
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Co-Author,
"Client Alert: Illinois Mortgage Foreclosure Reform,"
Locke Lord
(November 29, 2010)
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Co-Author,
"Client Alert: Novel ECOA Claims Asserted Against Lenders & Servicers Regarding Loan Modification Requests,"
Locke Lord
(March 11, 2010)
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Co-Author,
"Client Alert: Litigation Over the Reduction of Home Equity Lines of Credit: Hickman and Beyond,"
Locke Lord
(February 1, 2010)
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Co-Author,
"Client Alert: Outcome Uncertain for Defendants After Round One in Subprime RMBS Investor Litigation,"
Locke Lord
(May 28, 2008)
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Co-Author,
"Client Alert: Predatory Lending Database Pilot Program Signed Into Law,"
Locke Lord
(September 2005)
Professional History
Professional Affiliations & Achievements
- Member, American Bar Association
- Member, Chicago Bar Association
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