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

Jason is a Shareholder at Buchalter who primarily practices out of Buchalter’s Irvine and Los Angeles offices – but his practice is statewide (and sometimes nationwide). Jason is a fellow of the American College of Mortgage Attorneys (“ACMA”), a ACMA Title Insurance Committee member, and President of the Orange County Bar Association Insurance Law section.

Jason has an extensive legal background in state and federal courts (bankruptcy and district) across the country, which includes litigating claims relating to “private money,” title insurance, escrow, real property, mortgage banking, mortgage servicers, foreclosure trustees, businesses, and misappropriation of trade secrets. Jason handles litigation involving wrongful foreclosure, lender liability defense, insurance, leases (commercial, residential, and equipment), general contractors, receivership, and judicial foreclosures. Jason and his team also assist lenders, trustees, and servicers with all aspects of bankruptcy proceedings (chapters 7, 11, and 13).

On July 28, 2022, the California Mortgage Association, a pre-eminent organization dedicated to education and the advancement of private money lending, awarded Jason the President’s Award plaque to recognize his exemplary service to the organization.

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

             Jury Trials

• 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.
• Unanimous jury verdict in favor of the Plaintiff in a usury and wrongful foreclosure action which was tried in the Long Beach Superior Court against an unlicensed lender.
• Unanimous jury verdict in favor of a Bank and against its Guarantors in a breach of guaranty case which was tried in the Orange County Superior Court. The guarantors presented an “unclean hands” defense which was rejected by the jury.
• Directed Verdict obtained in a contentious jury trial of an unlawful detainer action which was tried in the Orange County Superior Court and involved the interplay of the Tenant Protection Act with California common law. Jason represented the owner and the tenant of a $6,000,000.00 property against guests/licensees who refused to leave.

Bench Trials

• Bench trial verdict in favor of the plaintiff in a usury action which was tried in the Orange County Superior Court against unlicensed lenders, 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 Orange County Superior 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 Plaintiff in which the Court adjudicated in the partition phase of a multi-phase trial that the subject 4 unique parcels of real property in Laguna Beach would be partitioned “in-kind,” as requested by Plaintiff, and not by sale, as requested by the Defendants.

            Injunctions

• 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.
• Temporary Restraining Order and Preliminary Injunction which prohibited a neighboring landowner from interfering with an easement and from further harassing, assaulting and intimidating the Plaintiffs who share a common driveway with the enjoined neighboring landowner.

            Motions To Dismiss/Demurrers

• Numerous 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, Jason has obtained millions of dollars in indemnity payments for his insured clients from title insurers in connection with litigation settlements. He has also successfully tendered a multitude of title insurance claims which have resulted in the payment of millions of dollars in indemnity payments to his insured clients and/or the insurer paying for a lawyer to defend his clients in litigation matters. 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 American Association of Private Lenders, 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, Law360 included in its “Expert Analysis” section Jason’s Truth-In-Lending Act article entitled, “The Jesinoski Opinion Vs. The Statute of Limitations.”

Jason has been recognized in the Best Lawyers in America, Insurance Law, for 2024.

Bar Admissions

• California
• Florida

Education

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

Significant Accomplishments

(Partial List)

• Ken Stabler v. KS Adams, dba Houston Oilers; New Orleans Louisiana Saints; Travelers Indemnity Company (W.C.A.B. Cal. May, 6, 2022) [represented Travelers] (“We will rescind the February 22, 2018 Findings and Order and issue a new decision finding that the Saints were illegally uninsured and ordering the Saints to reimburse Travelers”)
• Gilliam v. Levine (C.D. Cal. 2021) 2021 U.S. Dist. LEXIS 226184 [represented Levine] granting summary judgment in favor of private money lender on TILA and RFDCPA claims)
• Melikhov v. Drab (2019 M.D. Fla.) 2019 U.S. Dist. LEXIS 161435 [represented Melikhov] (granting judgment creditors’ motion for contempt and sanctions against nonparties)
• Warner v. CMG Mortg., Inc. (9th Cir. 2017) 2017 U.S. App. LEXIS 3415 [represented CMG] (affirmed dismissal of Truth-In-Lending Act Claim)
• Meinhart v. CMG Mortg., Inc. (D. Washington 2016) 2016 U.S. Dist. LEXIS 152835 [represented CMG] (granting motion to dismiss lender liability claims)
• Hedman v. Nationstar Mortgage, et al. (2016) 2016 Cal.App.Unpub. LEXIS 3236 [represented CMG] (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 [represented Hyundai] (granting motion to transfer venue)
• Warner v. CMG Mortg. Inc. (N.D. Cal. 2015) 2015 U.S. Dist. LEXIS 158880 [represented CMG] (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 [represented CMG] (granting motion to dismiss lender liability lawsuit)
• Haas Automation, Inc. v. Brian Denny, et al. (C.D.Cal. 2013) 2013 WL 6502876 [represented Haas] (granting motion for partial summary judgment as to anti-cybersquatting claim)
• Marshack v. Helvetica Capital Funding, LLC (9th Cir. 2012) 495 Fed.Appx. 808 [represented Helvetica] (dismissing appeal from bankruptcy court)
• Lyman v. Loan Correspondents Inc. (9th Cir. 2012) 470 Fed.Appx. 688 [represented Impac and GMAC] (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 [represented OCTFCU] (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 U.S. Dist. LEXIS 64598 [represented SchoolsFirst and OCTFCU] (granting motion to set aside default)
• Curt Gumbs, et al. v. Litton Loan Servicing (E.D.Cal. 2010) 2010 U.S. Dist. LEXIS 87095 [represented Argent] (granting motion to dismiss, in part, lender liability lawsuit)
• Ricardo Marcelos v. Edwin Mauricio Parada Dominguez, et al. (N.D. Cal. 2008) 2008 U.S. Dist. LEXIS 91916 [represented Argent and Countrywide] (granting motion to dismiss, in part, lender liability lawsuit)

• CFPB Acting Director Considering Delay in New Qualified Mortgage Rule

  By Jason E. Goldstein |February 2021

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

  By Jason E. Goldstein |December 2020

• CFPB Withdraws Former Marketing Services Agreement Guidance; Issues New Frequently Asked Questions Regarding RESPA Section 8 and MSAs

  By Jason E. Goldstein, Michael C. Flynn |October 2020

Additional Articles

• OCC and FDIC “Valid When Made” Rule Reaffirmed: Interest Rate Limitations, or Lack Thereof, on Loans Made By National and State Banks and Federal Savings Associations Remain When the Loan Is Sold or Assigned
• 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