Edgar Martinez

Counsel

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Edgar litigates complex litigation related to mortgage servicing, mortgage origination, and consumer banking. He has successfully defended clients in putative class actions asserting claims under the Fair Credit Reporting Act, the Racketeer Influenced and Corrupt Organizations Act, the Truth in Lending Act, and the consumer protection statutes of numerous states, including California, Florida, Illinois, New York, and Texas. He has also defended consumer financial services providers in qui tam actions arising under the False Claims Act, bankruptcy adversary proceedings, multi-district litigation, and appeals in federal and state court. Additionally, Edgar regularly advises financial institutions on regulatory and compliance matters.

Edgar’s advice is informed by his experience as in-house counsel to the nation’s largest reverse mortgage lender, where he collaborated with company executives to proactively mitigate risk and support critical strategic initiatives. Edgar believes that a deep understanding of his clients’ business and industry is key to providing the most valuable advice and effective representation.

Languages

  • Spanish

Admissions

Bar Admissions

  • California

Court Admissions

  • U.S. District Court for the Central, Eastern and Northern Districts of California
  • U.S. District Court for the Northern District of Illinois

Education

  • University of Southern California, J.D.: Participant, Hale Moot Court program
  • Massachusetts Institute of Technology, B.S., Economics

Professional Activities

Speaker

  • “Reverse Mortgages: Examining Litigation Obstacles and Regulatory Challenges in the Residential Mortgage Arena,” ACI's 25th National Forum on Residential Mortgage Regulatory Enforcement & Litigation (Dallas, Texas, October 2018)
  • “Managing and Defending Against Fair Lending Claims,” ACI’s 27th National Conference on Consumer Finance Class Actions & Litigation (Miami, Florida, January 2017)
  • “Fair Lending and Fair Servicing Updates,” ACI’s Forum on Mortgage Servicing Compliance (Washington, D.C., Fall 2016)
  • “Leveraging UCC Art. 9 and 3, State Foreclosure Laws to Protect Enforceability of Mortgages and Promissory Notes - Overcoming Challenges of Securitization and MERS in Mortgage Foreclosure Proceedings,” Stafford Publications Legal Webinar (August 2014)
  • Obtained dismissal of putative class action challenging national bank's ability to charge overdraft fees in connection with pre-authorized transactions with third-party lenders
  • Represented bank and non-bank mortgage servicers in qui tam False Claims Act litigation relating to payments under HAMP loan modification program
  • Obtained summary judgment for government-sponsored enterprise in putative class action asserting claims under the FCRA
  • Successfully defended forward and reverse mortgage servicer in multiple class actions alleging unfair practices in connection with lender-placed insurance, obtaining dismissal of multiple cases and successfully resolving all others
  • Counseled multiple mortgage servicers regarding residential foreclosure compliance issues, including compliance with OCC and OTS consent orders
  • Represented one of the largest subprime mortgage servicers in several class actions consolidated in a federal multi-district litigation proceeding, involving federal and state-law claims related to mortgage servicing practices
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