Biographies

Michelle Canter leads the firm’s litigation and regulatory enforcement practice, representing financial institutions, mortgage bankers, loan servicers, third party originating mortgage brokers, finance companies and other creditors. She defends individual and class action litigation with claims involving loan servicing, wrongful foreclosure, HAMP or loan modification, loss mitigation and predatory lending claims, including alleged statutory violations of TILA, RESPA, FCRA, ECOA, FDCPA, HOEPA and other consumer lending statutes. Michelle has significant experience in investigating and litigating mortgage fraud claims and repurchase demands.

Around the country, Michelle defends regulatory enforcement actions and examinations by financial institution regulators (FDIC, OCC, OTS, NCUA), state mortgage banking regulators, HUD, Freddie Mac, Fannie Mae, the SEC, the EEOC, state fair housing authorities and other agencies. Michelle represents clients, including closing attorneys and settlement agents regarding Program Fraud Civil Recoveries Act (PCFRA) demands, Freddie Mac Exclusionary List actions and HUD debarments. She defends lending discrimination and fair housing claims in litigation and administrative proceedings.

Michelle combines her litigation experience with mortgage lending expertise and assists clients in evaluating origination, servicing, default and foreclosure practices in order to develop loan origination and servicing leading practices. Michelle has particular experience in RESPA compliance and loan fraud prevention, detection and enforcement. For those clients operating in a multi-state environment, Michelle routinely advises on state licensing issues, as well as FHA mortgagee and DE approval, including NMLS-transitional issues. She also advises clients on employment law, ensuring compliance with the Fair Labor Standards Act (FLSA), and developing loan officer compensation models and employment policies to comply with regulatory requirements, net branching restrictions and the like. Michelle advises clients on compliance issues related to TILA, RESPA, ECOA and Reg B, FCRA, FDCPA, HOEPA, UDAP and related state laws and defends claims based on alleged statutory violations in litigation.

Regularly speaking at industry events, Michelle has been a featured panelist at conferences for the Mortgage Bankers Association, American Conference Institute (ACI), Practicing Law Institute (PLI), Consumer Finance, National Business Institute (NBI), Mortgage Bankers Association of Georgia, Georgia Community Bankers Association, National Association of Professional Mortgage Women (NAPMW) and others and has also spoken at events sponsored by HUD and the Georgia Department of Banking & Finance.

Michelle is the Annual Conference Chair and Secretary/Treasure of the Georgia Real Estate Fraud Prevention and Awareness Coalition (GREFPAC), serves on the Morpac Committee for the Mortgage Bankers Association and is a member of the MBA’s Working Groups for Litigation, as well as the Fraud and Ethics Working Group and Legal Issues.

Michelle most recently was a partner at the mortgage banking law firm, Franzén and Salzano PC. She previously served as in-house counsel and registered lobbyist for the Texas Bankers Association, staffing the “Banking Compliance Hotline” and answering nearly 2,400 questions per year from member banks on banking compliance issues. She began her career with a banking and bankruptcy boutique firm in her native Kansas, primarily representing community and regional banks. 

Michelle is a Kansas native, graduating from the University of Kansas. She earned her J.D. from Washburn University School of Law, graduating with Dean’s Honors. In law school, Michelle was an Associate Editor of the Washburn Law Journal, on the Moot Court National Team and in the Order of Barristers.            

Michelle is admitted to practice in Georgia, Kansas and Texas, as well as the US Supreme Court.