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Experience

David Mignardi focuses his practice in the area of real estate finance and capital markets, with a particular emphasis on litigation and loan servicing matters related to commercial mortgage-backed securities. He has extensive experience in the representation of nationally prominent financial institutions, mortgage servicers, hedge funds, and distressed investors in connection with non-performing loans and the exercise of remedies such as judicial foreclosures, receiverships, workouts, litigation, and contested bankruptcy matters. David’s experience spans numerous types of claims and all types of commercial properties, including office buildings and parks, apartment complexes, hotels, senior living facilities, healthcare facilities, construction projects, and shopping centers.

David has considerable appellate experience, having written briefs and/or orally argued more than two dozen appeals in all four Judicial Departments of the New York State Supreme Court, Appellate Division, the New Jersey Superior Court, Appellate Division, and the United States District Court for the Eastern District of New York. David is also well-versed in the defense of lender liability claims arising under the full range of laws and statutes regulating the consumer finance industry such as the Truth in Lending Act (TILA), Real Estate Settlement Procedures Act (RESPA), Home Ownership and Equity Protection Act (HOEPA), Federal Regulation Z (Reg Z), Fair Credit Reporting Act (FCRA), Fair Debt Collections Practices Act (FDCPA), and Federal Housing Act (FHA) as well as claims involving the civil Racketeer Influenced and Corrupt Organizations (RICO) statute, business torts, title disputes, and predatory lending.

Representative Matters

  • Represent a CMBS trust and its special servicer in the foreclosure and receivership of a $75 million loan secured by a 114-acre luxury resort, conference center, and golf course located in Westchester County, New York
  • Represent special servicers and CMBS trusts in the exercise of remedies with respect to and workouts of a portfolio of high-profile, high-exposure loans involving massive mortgage fraud by a well-known multifamily real estate developer
  • Second-chaired federal jury trial – drafted motions in limine, jury charges, and voir dire questions; prepared corporate and expert witnesses for testimony – that resulted in a unanimous defense verdict on all seven counts of various lender liability claims
  • On behalf of a prominent wireless telecommunications company and its subsidiaries, obtained judgments awarding monetary and permanent injunctive relief in three trademark infringement actions against defendants engaged in an unlawful scheme of acquiring, “unlocking,” and distributing cellular phones and other wireless devices for unauthorized use
  • Represented a CMBS trust and its special servicer in contentious litigation involving a failed payoff of a $47 million A/B structured loan secured by retail property located in Bronx County, New York
  • Secured affirmance of the bankruptcy court’s denial of the debtor’s objection to a proof of claim on theories that the RMBS trust lacks authority to enforce the negotiable instrument and violated the governing pooling and servicing agreement, and dismissal of the debtor’s due process violation claim
  • Obtained dismissal with prejudice of all causes of action asserted against the trustee of a RMBS trust including a cause of action seeking damages under the civil RICO statute, at the pleadings stage, and subsequent affirmance of the dismissal on appeal
  • Prosecuted a bankruptcy adversary proceeding on behalf of a food product manufacturing and technological company seeking non-dischargeability of a judgment based upon theories of fiduciary fraud and infliction of willful and malicious injury
  • As part of a team of three attorneys, obtained dismissal of all claims (including causes of action for quiet title, declaratory judgment, negligence, and violation of the marital right of joint possession) made against a mortgagee partially on summary judgment and partially after trial
  • In specialized omnibus proceedings commenced by orders to show cause, obtained leave for three mortgage servicers to issue corrective predicate notices, thereby preserving large populations of foreclosure matters in danger of dismissal

Honors & Affiliations

Distinctions/Honors

  • New York Metro Rising Stars® by Thomson Reuters (Business Litigation), 2017-2019

Memberships/Affiliations

  • Volunteer Mentor, Manhattan College Mentorship Program
  • Member, CRE Finance Council, Servicers Forum

Education & Admissions

Education

  • J.D., 2010, Benjamin N. Cardozo School of Law
  • B.S., Economics, 2007, magna cum laude, Manhattan College

Admissions

  • New York
  • New Jersey
  • Connecticut
  • U.S. Ct. of App., Second Circuit
  • U.S. Dist. Ct., E. Dist. New York
  • U.S. Dist. Ct., N. Dist. New York
  • U.S. Dist. Ct., S. Dist. New York
  • U.S. Dist. Ct., W. Dist. New York
  • U.S. Dist. Ct., Dist. New Jersey
  • U.S. Dist. Ct., Dist. of Connecticut