Bio

Legal Awards: Connecticut Super Lawyer, 2011-2019

Representative Cases:

Bank of NY Mellon v. Bell, 745 Fed. Appx. 427 (2018): Successfully briefed and argued before the Second Circuit Court of Appeals in a contested residential mortgage foreclosure which was tried in the district court. Trial court decision affirmed.

Capitalsource Finance, LLC v. Hartford Downtown Revival, LLC, 2017 Conn. Super LEXIS 4540: Successfully defended breach of contract, tort and unfair trade practice claims against a private commercial lender on a $7 million loan which was secured by a commercial office building.

Austin-Caseras v. Safeco Ins. Co. of Am., 310 Conn. 640 (2013): Successfully reversed a trial court decision denying lender’s motion to intervene in homeowner’s insurance coverage claim. Case made law in Connecticut and expanded lender’s rights on the ability to intervene in coverage litigation as a mortgagee and have the claim relate back to the filing of the original action.

JP Morgan Chase Bank v. Rodrigues, 132 Conn. App. 757 (2012): Borrowers’ appeal of order striking special defenses dismissed because trial of mortgage foreclosure action rendered the appeal moot.

Rodrigues v. JP Morgan Chase Bank, 2011 U.S. Dist. LEXIS 2011 (Dorsey, J.): Borrowers’ claims for breach of forbearance agreement and CUTPA defeated on lender’s motion for summary judgment based upon collateral estoppel.

Finance California v. Lawyers Title, 2010 U.S. Dist. LEXIS 123292 (Kravitz, J.): Title insurance company’s motion to dismiss suit for breach of commercial escrow instructions denied. Agent of holder of note had standing to sue for breach of escrow instructions under California law.

JP Morgan Chase Bank v. Rodrigues, 109 Conn. App. 125 (2008): Borrowers’ appeal of order striking their counterclaims of unfair trade practice and breach of contract affirmed.

Packer v. SN Servicing Corp., 2008 U.S. Dist. LEXIS 9017 (Kravitz, J.): Borrowers’ claims for emotional distress against servicer defeated on motion for summary judgment.

Moazed v. First Union Mortgage Corp., 319 F. Supp. 2d 268 (2004): Borrowers’ state and federal truth in lending rescission claims defeated on motion for summary judgment.

Moazed v. First Union Mortgage Corp., 221 F.R.D. 28 (2004): Rule 11 sanctions imposed on borrowers’ counsel for misconduct in truth in lending rescission action.

Education: Villanova University, Charles Widger School of Law

Publications:

Contributing author, Business Torts, a Fifty-State Guide, 2020 Ed., Edited by Morton and Nicholas Daller and published by Wolters Kluwer.

Author, Connecticut Foreclosures, 10th Ed., Caron and Milne, including defenses to foreclosure, counterclaims, appeals, and national topics on secondary mortgage market, MERS, FCRA, FDCPA, truth in lending, Dodd-Frank, and mortgage fraud and failed financial institutions. The treatise is routinely cited by the trial and appellate courts in Connecticut, including the district courts.

Admissions: Connecticut, Second Circuit Court of Appeals, U.S. Supreme Court, district courts of Connecticut, Eastern District of New York, Southern District of New York.

Charities and Community Activities:

Successfully completed the 2014, 2015 and 2016 New York City Marathons for Fred’s Team, Memorial Sloan Kettering marathon team, raising money for cancer research.

Geoffrey Milne

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