Diana M. Eng

Biography

Diana Eng concentrates her practice in consumer financial services litigation representing mortgage loan servicers, lenders and debt collectors in all aspects of litigation and disputes, as well as appeals and contested bankruptcy matters, across multiple jurisdictions. Diana’s broad experience includes:

  • the Fair Debt Collection Practices Act (“FDCPA”);
  • the Fair Credit Reporting Act (“FCRA”);
  • the Truth in Lending Act (“TILA”);
  • the Real Estate Settlement Procedures Act (“RESPA”);
  • the Bankruptcy Code and Bankruptcy Rules (stay violations, allowance of claims, objections to confirmation, discharge of mortgage liens, notices of payment or escrow change, and “cramdown”);
  • various New York statutes, such as the Real Property Actions and Proceedings Law, the Real Property Tax Law, and the General Business Law; and
  • fraud, misrepresentation, negligence, and other common law claims.

She also prosecutes title curative actions and routinely counsels her clients on compliance with various consumer statutes, the CARES Act, New York’s COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020, the Bankruptcy Code and the Bankruptcy Rules, indemnification issues arising from vendor errors and the seller’s breach, and statute of limitations issues.

Diana has more than 15 years of experience representing domestic and foreign clients in a variety of commercial litigation matters, including antitrust, bankruptcy, contractual disputes, employment, and intellectual property and media. She also has extensive experience with efficiently managing large-scale electronic discovery in complex cases and advising clients on related issues.

Outside the Firm

Diana served as the Secretary of the Board of Trustees of the Bronx High School of Science Alumni Association until September 2017. 

Diana is a Certified Sommelier through the Court of Master Sommeliers.

Diana is also a Vice President of the Board of Directors for the 16th Street Tenants Corporation.

Experience

  • Successfully defended a top ten mortgage servicer in a putative class action alleging violations of New Jersey consumer protection statutes and the FDCPA based on allegedly unauthorized bankruptcy fees. 
  • Defend a debt collector in putative class actions and individual consumer actions alleging violations of the FDCPA.
  • Obtained summary judgment in favor of a loan servicer and defended against non-borrower, record owner’s cross-motion for summary judgment alleging that the statute of limitations to foreclose had expired prior to the commencement of the foreclosure action. The Kings County Supreme Court held that the loan servicer sufficiently established that it affirmatively revoked the prior acceleration of the loan based on the voluntary discontinuance of the prior foreclosure action, together with the de-acceleration letter to the borrower, delinquency notices, monthly mortgage statements, new 30-day default notice, and New York Real Property Actions and Proceedings Law § 1304 notice (90-day notice). 
  • Prevailed on motion to dismiss FDCPA claim against a mortgage servicer in the District of New Jersey based on borrower’s execution of Consent Order in foreclosure action. Borrower agreed to waive, withdraw and dismiss, with prejudice, any and all claims, affirmative defenses and/or counterclaims, whether asserted or unknown, that the borrower may have arising from or related to the loan, the litigation and/or the property, which may exist from the beginning of time to the date of the stipulation. The District Court held that borrower’s FDCPA claim fell within the scope of the Consent Order’s waiver because borrower’s claims arose from the servicer’s attempt to enforce the terms of the loan by filing a foreclosure action.
  • Overturned on appeal a lower court’s decision dismissing foreclosure action as time-barred. Developed strategy to re-open borrower’s bankruptcy case to compel enforcement of settlement agreement, which surrendered the property and waived borrower’s right to challenge the foreclosure, forcing borrower to consent to judgment and turn over the property without cash consideration.
  • Represented a top ten mortgage servicer in the successful settlement of an Article 78 proceeding against the City of New York resulting in significant reduction, and discharge, of six-figure relocation lien against the property.

News & Views

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Affiliations

Memberships

  • Asian American Bar Association of New York
  • New York City Bar Association
  • New York State Bar Association
Professional Activities
  • Member of the New York City Bar Association and serves on its Women in the Legal Profession Committee
  • Member of the firm’s Diversity & Inclusion Committee
  • Co-editor of the firm’s Consumer Finance Watch blog
  • 2019 Fellow, Leadership Council on Legal Diversity Fellows Program

Credentials

Admissions

  • New Jersey
  • New York
  • U.S. District Court - Eastern District of New York
  • U.S. District Court - Southern District of New York
  • United States Court of Appeals for the Second Circuit
  • U.S. District Court - New Jersey

Education

  • Barnard College, BA, summa cum laude; Phi Beta Kappa
  • Columbia Law School, JD