Timothy W. Salter

Biography

 Tim Salter is a litigation attorney whose practice focuses on representing financial institutions, loan servicers, and similar entities in all aspects of consumer financial services litigation, from preparing the initial pleading through motion practice, oral argument, discovery, trial, and appeal. Tim’s comprehensive experience includes disputes arising under:

  • the Bankruptcy Code (stay & discharge violations, determinations of the validity of a mortgage lien);
  • the Truth in Lending Act (“TILA”);
  • the Real Estate Settlement Procedures Act (“RESPA”);
  • the Fair Debt Collection Practices Act (“FDCPA”);
  • the Fair Credit Reporting Act (“FCRA”);
  • various New York State statutes, including the Real Property Actions and Proceedings Law, the Real Property Tax Law, and the General Business Law;
  • various municipal codes (tax liens, code violations); and
  • the common law (fraud, negligence).

Tim has substantial experience defending mortgage loan originators and sellers against indemnification and breach of representation claims arising from mortgage loan purchase and sale agreements. Tim also regularly prosecutes title curative matters, and routinely counsels his clients on issues pertaining to mortgage loan servicing, compliance with various consumer statutes and regulations, and the statute of limitations.

Before joining Blank Rome, Tim was a litigation associate in Garden City, New York, and focused his practice on consumer bankruptcy and civil litigation matters.

Experience

Obtained summary judgment (New York, NY) dismissing claims against a mortgage servicer and its principal alleging two separate breaches of an Asset Purchase Agreement, two separate breaches of the implied covenant of good faith and fair dealing, negligence, and two instances of fraud. The court held that plaintiff’s breach claims were barred by the terms of the agreement and judicial estoppel, and that its claims for breach of the duty of good faith and fair dealings and negligence were duplicative of its contract claims. The court additional held that the plaintiff was judicially stopped from pursuing its claims for fraud and, regardless, that it failed to proffer any evidence in support of same. The court also granted the defendants’ request for attorneys’ fees. The appellate division unanimously affirmed.

Credentials

Admissions

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

Education

  • St. John's University, BS, summa cum laude
  • St. John's University School of Law, JD