Areas of Practice
Firm Management Positions
Consumer Financial Services, Co-Chair
Honors and Awards
- Selected for inclusion in New Jersey Super Lawyers, 2010
- Named one of New Jersey's "40 Under 40" lawyers by the New Jersey Law Journal, September 2004
- Selected to the Rising Stars list, New Jersey Super Lawyers, 2006 and 2007
Memberships and Affiliations
Member, American Bar Association
- Litigation Section and Business Torts Group
Member, New Jersey State Bar Association
Member, Pennsylvania Bar Association
Associate member, Mortgage Bankers Association
Associate member, American Land Title Association and New Jersey Land Title Association
J.D., Ohio Northern University, Claude W. Pettit College of Law, 1994
- Editor-in-Chief, Environmental Law Journal
B.A., Gettysburg College, 1989
- New Jersey
Francis X. Riley, III
Francis "Trip" Riley concentrates his practice on complex commercial litigation matters, focusing primarily on business torts and breach of contract in the context of, among other things, commercial and consumer financing and B2B transactions. Trip also litigates corporate disputes and claims related to intellectual property. He prides himself on partnering with clients to achieve positive business results in the often highly charged setting of commercial and corporate litigation, and is willing and prepared to take the difficult disputes to trial.
Trip also leads a team of attorneys that represent and counsel real estate settlement services industry clients, including mortgage lenders and brokers and loan servicers; real estate brokers, and title insurance underwriters and agents in litigation, regulatory and business matters. As part of this practice, Trip counsels on and litigates issues related to RESPA, TILA, HOEPA, Fair Foreclosure Acts, UDAP claims, insurance rate issues, and other statutory and common law consumer complaints, as well as governmental investigations and enforcement. He has litigated numerous other commercial disputes in which his settlement services industry clients have been a party. Trip also provides administrative and regulatory counseling on existing operational issues and proposed product and service programs to settlement services industry clients.
Trip also represents his financial services clients in a wide variety of actions (include class actions) in state and federal court and before arbitration panels, which arise from complex commercial transactions and relationships related to their lending, brokerage, and serving activities. He has also been involved in a variety of statutory and common law fraud, civil RICO, and civil conspiracy actions venued in New York, Maryland and Florida federal courts.
Trip regularly appears and tries cases in both federal and state courts. Because of the nature of his practice, he has been involved in numerous emergent applications for temporary and preliminary injunctions of everything from pending commercial and corporate transactions, copyright and trademark infringement, to the implementation of statutes and regulations, and then the subsequent litigation and trial focused on permanent injunction.
Recent additional representations include:
- Obtained partial vacatur of a FINRA award in favor international financial services company.
- Obtained multi-million dollar summary judgment in favor of international financial services company on a breach of services contract.
- Obtained a multi-million dollar FINRA award in favor of an international financial services company, which was confirmed by the New York Supreme Court.
- Obtained a favorable New York Appellate Division (1st Department) decision for an international financial services company concerning appellant's appeal of the trial court's denial of its motion to amend to include a patent invalidity claim and for additional discovery.
- Representation of an international financial services company in New York state court action concerning allegation of defendant's unfair competition through it knowing use of misappropriated financial market data.
- Representation of an financial services company in a FINRA arbitration concerning allegations of respondent's unfair competition through its knowing use of misappropriated financial market data.
- Representation of tour bus company and non-controlling shareholders in a close-held shareholder's dispute.
- Representation of national pharmaceutical business broker in state court action in which it alleges breach of contract, breach of the implied covenant of good faith and fair dealing and fraud against national pharmaceutical component company in the sale of one of its sterile injectable products unit.
- Representation of the servicer of and investor in commercial mortgage loans in uncontested and contested foreclosures.
- Represented the National Association of Mortgage Brokers (NAMB) in its challenge to the Federal Reserve Board’s Final Loan Origination Compensation Rule.
- Represented a title industry client in a U.S. District Court for the District of New Jersey putative class action in which RESPA, TILA, RICO and state consumer fraud claims were asserted. Obtained dismissal of the action on an initial 12(b)(6) motion to dismiss (some claims with prejudice).
- Obtained on behalf of a mortgage lending client the dismissal of TILA, RESPA, and state consumer fraud claims brought in the Superior Court of New Jersey.
- Obtained summary judgment in favor of a mortgage lender client against TILA, RESPA, Fair Foreclosure Act, and consumer fraud counterclaims by the defaulted borrower.
News & Press Releases
- July 30, 2012
- March 12, 2012
- April 1, 2011
- Riley represents NAMB in lawsuit to protect mortgage brokers in rule by the Federal Reserve under the Truth-in-Lending ActMarch 10, 2011
- October 2010
- July 2010
- November 30, 2009
- November 17, 2009
- July 16, 2007
- March 22, 2007
- September 13, 2004
Articles, Alerts & Newsletters
- Homeowners May Fight Foreclosures by Alleging That Lenders Acted in Bad Faith Concerning Loan Modification ProgramsMarch 2013
- Supreme Court Upholds Prevailing Debt Collectors' Right to Obtain Litigation Costs from Plaintiffs Under the Fair Debt Collection Practices ActFebruary 2013
- February 2013
- New Jersey District Court Holds Federal Procedural Law – Not State Law – Governs Private Actions Brought Under the Telephone Consumer Protection Act in Federal CourtJanuary 2013
- November 2012
- October 2012
- Restaurant menus may fall within the purview of New Jersey's Truth in Consumer Contract Warranty and Notice ActSeptember 2012
- Riley writes article for AGENCY Insights on expected regulations of Residential Mortgage service providersAgency Insights
- August 2012
- The Tenth Circuit holds that ability to repay is not a pleading requirement for a TILA rescission claimAugust 2012
- United States Court of Appeals for the 2nd Circuit affirms dismissal of RESPA claims against title insurersJuly 2012
- Are your company's background checks subjecting it to potential liability under the Fair Credit Reporting Act?June 29, 2012
- Decision That Foreclosing Party Must Be Note Holder Or "Acting On Behalf" Of Note Holder Likely To Spur Practice In Massachusetts Of Recording Such RelationshipsJune 2012
- June 2012
- Supreme Court unanimously rules fee split required for RESPA violation to the relief of the mortgage and real estate industriesMay 2012
- Bipartisan "Consumer Mortgage Choice Act" Introduced in U.S. House to Expand Dodd-Frank's Exemption for "Qualified Residential Mortgages"April 2012
- March 2012
- New Jersey Supreme Court clarifies the information required in a Notice Of Intention to Foreclose and holds that non-compliance is not fatal to a foreclosure actionMarch 2012
- The Consumer Financial Protection Bureau issues a proposed rule to increase federal supervision over debt collectors and consumer reporting agenciesFebruary 2012
- $25 Billion Foreclosure Settlement Announced with the Nation's Five Largest Mortgage Services ProvidersFebruary 2012
- Third Circuit Approves Nationwide Settlement Class Including Members Lacking A Legally Cognizable Claim Under State LawJanuary 2012
- CFPB Proposes Two More Alternatives for a Combined HUD-1 and TIL Disclosure Form and Seeks Public CommentsDecember 2011
- November 2011
- Recent New Jersey Putative Class Action Names Wells Fargo and its Foreclosure Firm in Connection with New Jersey and Pennsylvania ForeclosuresNovember 2011
- Attorney's fees and costs must be awarded under NJCFA if claimant defeats defendant's summary judgment motionOctober 2011
- New Jersey Supreme Court holds that principals can be liable for company’s breach of consumer fraud regulationsJuly 2011
- The New Jersey Superior Court takes significant action to investigate the residential foreclosure procedures employed by certain lenders and issues emergent amendments to its foreclosure rulesJanuary 2011
- Proposed amendments to the New Jersey Consumer Fraud Act contained in New Jersey Assembly Bill A-3333 would impact consumer fraud litigationJanuary 2011
- August 2010
- July 2010
- New Jersey Appellate Division holds that principals can be liable for company’s breach of consumer fraud regulationsJune 2010
- February 2009
- June 1, 2008
- California Federal Court Becomes the Latest Court to Decide That Actual Damages Need not be Alleged to State a Claim Under RESPASeptember 4, 2007
- Courts Begin to Apply the Department of Labor's Interpretation of "Outside Employee" to On-Site Real Estate SalespersonsAugust 2007
- August 2007
- August 2007
- Federal Court Allows Claims to Proceed Under RESPA Even Where Plaintiff Has Suffered No Actual DamagesJuly 2007
- Federal Court Allows Claims to Proceed Under RESPA Even Where Plaintiff Has Suffered No Actual DamagesJune 2007
- March 2007
- November 2005
- September 2005
- August 2005