Joseph H. Hickey litigates mortgage and consumer lending issues on behalf of some of the nation's largest financial institutions. Mr. Hickey handles litigation and class actions involving federal lending regulations as well as state-specific rules governing credit practices in Michigan and Illinois. Mr. Hickey serves as the Firm's Assistant Leader of the Financial Services Litigation Practice Group.

He works with Bank of America, JPMorgan Chase, EMC Mortgage Corporation and other Dykema clients on disputes relating to credit card and mortgage products; escrow and insurance proceeds; and note and collateral enforcement.

Mr. Hickey also provides legal counsel to banks on portfolio acquisition, management and servicing; commercial lending and commercial mortgage finance, bankruptcy and workouts; and leasing transactions.

Mr. Hickey secured a favorable federal appellate decision for one lending institution when he convinced the court to reject the defaulting borrower's claim that mere use of the "wrong form" provided the right to cancel a note after the rescission period expired - a decision very beneficial to other lenders facing the same issue in other jurisdictions. Mr. Hickey has also obtained numerous favorable decisions at the federal district court level, including (i) dismissal of class claims under the Equal Credit Opportunity Act when the court, adopting his argument that the bank had provided objectively reasonable notice of its reasons for credit declination, rejected the plaintiff's argument that the adverse action notice was incoherent, and (ii) dismissal of "unauthorized use" claims under the Truth In Lending Act where the Court agreed the bank should not be liable because the admittedly fraudulent use of the wrongdoer was authorized by the actions/inactions of the card holder (apparent agency).

Mr. Hickey's representation of a transportation company in the Michigan Supreme Court resulted in the reversal of a lower court decision that, if upheld, would have exposed employers to significant exposure for default judgments based on a former employee's failure to comply with court orders.

Bar Admissions

Michigan, 1988

Education
University of Toledo, J.D., magna cum laude

• Order of the Coif

Rockford College, B.A.

Professional Associations

• American Bar Association
• Oakland County Bar Association