Crain Caton & James

Overview

Financial institutions need litigators who know the nuances of their industry.  Philip represents lenders, mortgage servicers and other financial institutions in state and federal district and appellate courts in suits related to mortgage lending, security interest enforcement and compliance with federal and state statutory regulatory regimes from loan origination and servicing through enforcement of the secured interest.  He has assisted banking and finance clients in litigation resulting from loans, transactions, and financial products, and frequently represents secured creditors in probate courts.  He advises financial institutions when conflicts occur from disclosure, management, and servicing issues.

Philip’s experience also includes representation and counsel of clients from other highly regulated industries including motor carriers, freight brokers, auto dealers, car rental companies and commercial fleet management companies.

While in law school, Philip was a student attorney at the St, Mary’s Civil Justice Clinic.  As part of the Civil Justice Clinic, Philip provided legal services to underprivileged members of the San Antonio community and was awarded the Excellence in Clinical Studies Award and Pro Bono Award for his work providing advice and representation to clients in judicial and administrative proceedings.

Philip is a member of the State Bar of Texas and is licensed in the United States District Courts for the Southern, Northern, Western and Eastern Districts of Texas, and United States Court of Appeals for the Fifth Circuit.

Experience

• Obtained summary judgment denying claim against lender in state court for claim of wrongful conduct in the enforcement of security agreement against real property, and affirmation of summary judgment on appeal. See Montenegro v. Ocwen Loan Servicing, LLC, 419 S.W.3d 561 (Tex. App—Amarillo, 2013, pet denied).
• Obtained dismissal with prejudice of claims asserted against lender for violation of the Real Estate Settlement Practices Act.
• Obtained dismissal with prejudice of Fair Debt Collection Practices Act against mortgage servicer and lienholder.
• Represented manufacturer in contract dispute with its supply chain vendor at injunction proceeding was effective case-dispositive and resolved dispute in client’s favor.
• Represented business owner in dispute with former employer concerning breach of contract, and validity of non-competition agreement.