David DeFlece is a financial services attorney who represents banks and loan servicers in the areas of mortgage servicing, bankruptcy, and collections. David partners with clients and members of their legal, compliance, audit, and business teams to develop and improve default servicing policies and procedures to mitigate regulatory and litigation risk.
David counsels clients on:
- consumer regulatory and legal compliance issues related to bankruptcy, foreclosure, vendor management, loss mitigation, and default servicing
- responding to formal and informal inquiries from state and federal regulators including the CFPB and the United States Trustee Program
- defending individual and consumer class action claims related to bankruptcy administration and claims brought under the FDCPA, TILA, RESPA, FCRA, TCPA, SCRA, ECOA, UDAAP, and state consumer protection laws
- managing default servicing counsel in bankruptcy, mortgage foreclosure, and loss mitigation proceedings
- resolution of escalated issues involving contested asset and property preservation matters with client vendors
David also has significant experience representing banks, commercial finance, and equipment leasing companies in a wide range of matters, including loan documentation, retail and commercial collections, workouts, credit restructurings, repossessions, asset recoveries and disposition under Article 9 of the Uniform Commercial Code, judgment execution proceedings, property receiverships, and commercial bankruptcy reorganization and liquidation proceedings and related bankruptcy litigation.
Prior to entering private practice, David served as law clerk to the Honorable John C. Ninfo, II, Chief United States Bankruptcy Judge for the Western District of New York.