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Buchalter

Jason E. Goldstein

Jason E. Goldstein

Shareholder

Expertise

  • Litigation
  • Insurance Law
  • Real Estate
  • Mortgage Lending

WSG Practice Industries

Activity

Buchalter
California, U.S.A.

WSG Leadership

WSG Coronavirus Task Force Group
Member
Profile

Jason E. Goldstein specializes in resolving complex business disputes for a diverse cross-section of clients which include “private money” lenders, mortgage bankers, insureds, credit unions, brokers, investors, trade secret owners, individuals which own real property and general contractors.

Jason is a Shareholder in Buchalter’s Irvine office, Co-Chair of Buchalter’s Mortgage Banking Group, a fellow of the American College of Mortgage Attorneys (“ACMA”) and a member of the ACMA Title Insurance Committee.

Jason has an extensive legal background in state and federal courts across the country, which includes litigating claims relating to “private money,” real property, mortgage banking, businesses, title insurance, escrow and misappropriation of trade secrets. Jason also handles litigation involving wrongful foreclosure, lender liability defense, insurance, leases (commercial, residential and equipment), general contractors, receiverships and judicial foreclosures.

Jason is a trial lawyer and handles lawsuits from beginning to end.  Examples of his experience include obtaining:

  • Unanimous jury defense verdict in the United States District Court for the Central District of California in favor of a former employee of a national bank whom was subject to RICO and fraud claims arising from a multi-hundred million dollar investment scheme involving alleged oil pipelines and other fabricated investments (he previously obtained a summary judgment in favor of the bank). There was an article about the scheme in Forbes.
  • Jury defense verdict in favor of a bank in an action filed by disgruntled husband and wife borrowers in the Stanley Mosk Courthouse in downtown Los Angeles. After the jury trial, the jurors stated that while they felt compassion for the borrowers (the wife was emotional on the stand), Jason had convinced them that the bank had done everything it was required to do under the subject contracts.
  • Bench trial verdict in favor of the plaintiff in a usury action, which also included the successful defense of the elder abuse, conversion, fraud and money had and received causes of action contained in his adversaries’ cross-complaint.
  • Bench trial verdict in favor of a defendant in a quiet title action brought by a title insurer, in the name of purchasers of real property, pursuant to which the Court quieted title to the purchased real property subject to the defendant’s abstract of judgment.  The Court quieted title based upon the imputation of the actual knowledge of the escrow agent to the plaintiffs – pursuant to the laws of agency – that the seller used a slightly different name than that on the Grant Deed.
  • Bench trial verdict in favor of private money lender in a judicial foreclosure action pursuant to which the private money lender obtained a substantial deficiency judgment against its borrower.
  • Temporary Restraining Order and Preliminary Injunction in favor of a market leader in the business of creating, producing and selling “E-juice/E-liquid” on the open market for use in vaping and against a former employee who had misappropriated trade secret formulas for “E-juice/E-liquid.”
  • Temporary Restraining Orders and Preliminary Injunctions in favor a national equipment leasing finance company against former employees who had misappropriated the company’s trade secret information.
  • Permanent Injunction in favor a national loan servicer against former employees who had misappropriated the company’s trade secret information.
  • Orders and Judgments dismissing lawsuits brought against retail, wholesale and correspondent lenders by borrowers based on successful Demurrers (in state court) or Motions to Dismiss (in federal court).

In addition to litigation matters, Jason has obtained millions of dollars in indemnity payments for his clients from title insurers. He has successfully tendered a multitude of insurance claims which have resulted in the insurer paying for a lawyer to defend his clients in litigation matters and/or paying the limits of their policies. When title retained counsel is appointed, Jason frequently monitors the insurer and its title retained counsel to try to prevent the bad faith denial of claims.

Jason is a frequent speaker and author on broker and lender liability, title insurance, escrow and trade secrets. He has spoken at conferences conducted by the California Mortgage Association, the California MBA, the MBA, the California Receivers Forum and the Northern and Southern California Chief Appraisers organization.

Jason’s article, “The Laundry Route Cases and How Not to Get Taken to the Cleaners” is cited as authority in the West’s Civil Code Annotated under the heading of “Misappropriation – Enjoined,” in the Uniform Trade Secrets Act. Civil Code § 3426.2. In addition, on September 13, 2016, Law360 included in its “Expert Analysis” section Jason’s Truth-In-Lending Act article entitled, “The Jesinoski Opinion Vs. The Statute of Limitations.”

Memberships/Associations

  • American College of Mortgage Attorneys – Fellow
  • California Mortgage Association
  • California Mortgage Bankers Association
  • SoCal Elite/AAU Basketball Coach
  • Lakeridge Maintenance Association – Member-At-Large
  • Stone Creek Elementary School PTA – President (former)
  • Parkview Maintenance Association – Vice – President (former)

 

Bar Admissions

  • California
  • Florida

Education

  • University of Miami School of Law
  • University of Southern California
Areas of Practice

Insurance Law | Litigation | Mortgage Lending | Real Estate | Trade Secrets & Employee Mobility | White Collar & Investigations

Professional Career

Significant Accomplishments

(Partial List)

  • Melikhov v. Drab (2019 M.D. Fla.) 2019 U.S. Dist. LEXIS 161435 (granting judgment creditors’ motion for contempt and sanctions against nonparties)
  • Warner v. CMG Mortg., Inc. (9th Cir. 2017) 2017 U.S. App. LEXIS 3415 (affirmed dismissal of Truth-In-Lending Act Claim)
  • Meinhart v. CMG Mortg., Inc. (W.D. Washington 2016) 2016 U.S. Dist. LEXIS 152835 (granting motion to dismiss lender liability claims)
  • Hedman v. Nationstar Mortgage, et al. (2016) 2016 Cal.App.Unpub. LEXIS 3236 (affirmed order granting motion for attorneys’ fees after prevailing on a demurrer)
  • Palmer Events, LLC v. Hyundai Hope on Wheels (D. Or. 2016) 2016 U.S. Dist. LEXIS 40238, adopted in 2016 U.S. Dist. LEXIS 39282 (granting motion to transfer venue)
  • Warner v. CMG Mortg. Inc. (N.D. Cal. 2015) 2015 U.S. Dist. LEXIS 158880 (granting motion to dismiss Truth-In-Lending Act claim)
  • Estate of Lane v. CMG Mortg. Inc. (D. Minn. 2015) 2015 U.S. Dist. LEXIS 62188 (granting motion to dismiss lender liability lawsuit)
  • Haas Automation, Inc. v. Brian Denny, et al. (C.D.Cal. 2013) 2013 WL 6502876 (granting motion for partial summary judgment as to anti-cybersquatting claim)
  • Marshack v. Helvetica Capital Funding, LLC (9th Cir. 2012) 495 Fed.Appx. 808 (dismissing appeal from bankruptcy court)
  • Lyman v. Loan Correspondents Inc. (9th Cir. 2012) 470 Fed.Appx. 688 (affirming dismissal of Truth-In-Lending Act and Real Estate Settlement Procedures Act claims)
  • Kris Kaszuba, et al. v. Fidelity Nat’l Default Svcs. (S.D.Cal. 2012) 2012 U.S. Dist. LEXIS 579 (granting motion to dismiss lender liability lawsuit relative to RESPA, TILA and FDCPA claims)
  • Kris Kaszuba, et al. v. Fidelity Nat’l Default Svcs. (S.D.Cal. 2011) 2011 WL 2445860 (granting motion to set aside default)
  • Curt Gumbs, et al. v. Litton Loan Servicing (E.D.Cal. 2010) 2010 WL 3341618 (granting motion to dismiss, in part, lender liability lawsuit)
  • Ricardo Marcelos v. Edwin Mauricio Parada Dominguez, et al. (N.D. Cal. 2008) 2008 WL 1820683 (granting motion to dismiss, in part, lender liability lawsuit)

Articles

CFPB Acting Director Considering Delay in New Qualified Mortgage Rule
Buchalter, February 2021

In a new blog, David Uejio, the Acting Director of the Consumer Financial Protection Bureau (CFPB) stated that he has instructed CFPB staff to “explore options for preserving the status quo with respect to QM and debt collection rules...

Coming in 2021: CFPB Finalizes Changes to “Qualified Mortgage” Definition and Creates a New “Seasoned QM” Loan Category
Buchalter, December 2020

  Changes are coming in 2021 to the eligibility requirements for “Qualified Mortgage” or “QM” loans. The Ability-to-Repay/Qualified Mortgage Rule administered by CFPB (“ATR/QM Rule”) requires a creditor to make a reasonable, good faith determination of a consumer’s ability to repay a residential mortgage loan according to its terms...

CFPB Withdraws Former Marketing Services Agreement Guidance; Issues New Frequently Asked Questions Regarding RESPA Section 8 and MSAs
Buchalter, October 2020

On October 7, the Consumer Financial Protection Bureau (CFPB) took steps to clarify its interpretation of how settlement service providers may comply with the “no kickback” and “unearned fee” provisions of Section 8 of the Real Estate Settlement Procedures Act (RESPA) by promulgating a new set of Frequently Asked Questions (FAQs). The FAQs provided several concrete examples to shed light on what activities are allowed under those provisions...

Additional Articles

  • Buchalter COVID-19 Client Alert: Supreme Court Holds That in Applying COVID-Related Stays of Eviction Proceedings, Landlords Must Be Given the Opportunity to Challenge a Tenant’s Claim of COVID-Related Hardship
  • CFPB Extends Compliance Deadline for New Qualified Mortgage Definition to October 1, 2022
  • Buchalter COVID-19 Client Alert: FHFA Extends Freddie Mac and Fannie Mae Single-Family Eviction and Foreclosure Moratoria, and Extends GSE Forbearance and Deferral Lengths; List of Current Periods for GSEs, Federal Agencies and States of California, Washington, Oregon and Arizona
  • Buchalter COVID-19 Client Alert: Federal Court Declares CDC Eviction Moratorium is Unconstitutional, But Does Not Enjoin the Order
  • Revising the New General QM Final Rule and Seasoned QM Final Rule: CFPB Expected to Postpone the Mandatory Compliance Date for the New General QM Final Rule and New Seasoned QM Final Rule and Temporarily Keep the GSE QM Loan Definition in Place, and Will Consider Revising the Seasoned QM Rule and Other Portions of the New QM Final Rule
  • CFPB Acting Director Considering Delay in New Qualified Mortgage Rule
  • Coming in 2021: CFPB Finalizes Changes to “Qualified Mortgage” Definition and Creates a New “Seasoned QM” Loan Category
  • Buchalter COVID-19 Client Alert: CFPB Issues Rule Extending the “GSE Patch”
  • Buchalter COVID-19 Client Alert: HUD, FHFA, VA Announce Extensions of Foreclosure and Eviction Moratoriums to December 31, 2020
  • Buchalter COVID-19 Client Alert: FHFA to Extend GSE Covid-Related Origination Processing Flexibility Until August 31
  • Buchalter COVID-19 Client Alert: CFPB Issues Proposed Rule, FAQs and Revised CHARM Booklet for Transition from LIBOR
  • Buchalter COVID-19 Client Alert: ARCC Discusses Expected Time Periods for Discontinuance of LIBOR in Mortgage Originations
  • Buchalter Client Alert COVID-19: New HMDA Final Rule Raises Loan Origination Reporting Threshold; Particular Significance for Certain Multifamily Lenders
  • CFPB Further Defines Abusiveness Standard; Expresses Intent to Limit Duplicative Enforcement
  • OCC and FDIC Propose New Community Reinvestment Act Rules
  • A Patent For A Formula Does Not Destroy Trade Secret Status So Long As The Patent Does Not Disclose The “Process” For Applying The Trade Secret
  • FDIC Issues Proposed Rule Clarifying “Valid-When-Made” Doctrine for State Banks, to Match OCC Proposed Rule for National Banks
  • Should You Include a Limitation of Liability Provision in Your Next Contract?
  • Freddie Mac and Fannie Adopt New ARRC Recommended Fallback LIBOR Language for Residential ARM Loans
  • HUD and DOJ Release Guidance on False Claims Act
  • Probe the Borrower’s Reason for Seeking a Loan
  • Bankers Trust Company v. Transamerica Title Insurance and Its Progeny: A Construction Lender’s Nightmare
  • The Jesinoski Opinion Vs. The Statute Of Limitations
  • Truth-In-Lending Act Rescission Part I: Why The U.S. Supreme Court’s Jesinoski Opinion Does Not Defeat The Statute of Limitations
  • Current Developments In Risk Management For Mortgage Brokers
  • Stop Notices and Mechanic’s Liens: Construction Lenders’ Nightmares
  • The California Homeowners’ Bill of Rights: The Safe Harbor Provisions
  • The Limits to Title Insurance Protection and the Advantages of Escrow Instructions
  • Title Insurance: 5 Things Every CMBA Member Should Know
  • Additional Insured Status: Is the Protection Illusion or Reality?
  • Lender Beware: When Real Property Title Issues Arise, Don’t Forget Your Escrow Claim
  • The Products Completed Operations Hazard: What It Is, and Why Everyone Involved in Construction or Real Estate Development Needs To Know About It, Air Quality Impacts Could Thwart Bay Area Infill Development
  • Title Insurance Coverage and Escrow Claims
  • Don’t Be Left Naked When it Comes to Insurance Coverage
  • Products Completed Operations Hazard
  • The Laundry Route Cases and How Not to Get Taken to the Cleaners
  • Defending Wholesale Lenders: Pitfalls and Potential Safety Nets


WSG's members are independent firms and are not affiliated in the joint practice of professional services. Each member exercises its own individual judgments on all client matters.

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