Biographies

Grant E. Mitchell was formerly with the Department of Housing and Urban Development (HUD) in Washington, DC, where he was the most experienced lawyer and regulator working with the federal Real Estate Settlement Procedures Act (RESPA).  RESPA is a far-reaching compliance statute with criminal and civil penalties.

As the Senior Attorney for RESPA, Grant interpreted this statute for a variety of Presidential administrations, HUD Secretaries and HUD General Counsel.  He has written numerous RESPA regulations, statements of policy, and interpretive letters.  His analysis has impacted every segment of the residential mortgage industry.

In addition, Grant has testified before Congress with the General Counsel of HUD and has spoken frequently at conferences sponsored by major industry trade organizations and by federal bank regulators including FDIC, OTS, OCC, and the Federal Reserve Board.  He has also addressed state regulators and private mortgage finance conferences.

At HUD, Grant was also the longtime Assistant General Counsel for the federal New Communities program, which assisted large-scale residential and commercial land developments throughout the United States with Wall Street placements guaranteed by the Government, and with other aid.  He is consulted on a broad variety of real estate issues, as well as HUD programs, including those of the Federal Housing Administration (FHA).

Since leaving HUD in 1999, Grant has spoken at more than 100 functions, including trade association meetings, state bar functions, private lending conferences and client seminars.  He has also been engaged as an expert witness in more than twenty cases since leaving HUD (see list below).

Publications include articles on RESPA in the May 5, 1999 Standard & Poors, Review of Banking and Financial Services and in the November 1999 edition of Mortgage Banking magazine.  A March 2000 article regarding online lending with Robert Jaworski of Reed Smith’s Princeton Office was published in Mortgage Banking magazine.  Other publications are in Practical Real Estate Lawyer and the Consumer Finance Law’s Quarterly Report.  In May 2002 Mortgage Banking magazine published an article on “Bundling” and RESPA.  A viewpoint article was published in the August 18, 2003 edition of American Banker. The October 2003 Origination News contains his commentary on RESPA reform.  He was also featured on C-SPAN’s Washington Journal in a half-hour interview on mortgage lending on July 23, 2003.

Grant received his B.S. from State University of New York and his M.A. from the University of Florida.  He earned his J.D. from Tulane University, and did post-law-school study in real estate and real estate finance at the University of Southern California. Grant is admitted to the District of Columbia and Maryland Bars. 

Expert Witness Cases

Underhill et al v. Norwest Mortgage, Inc.
United States District Court, Northern District of Illinois, Eastern Division
Civil Action No. 95-C-4737
Opposing petition for attorney fees in escrow account matter governed by RESPA (witness for defendant) (2000)

American Abstract and Title v. Stewart Title
Circuit Court of Pulaski County, Arkansas
Illegal business practice of competitor (witness for plaintiff American Abstract) (2004)
Jury verdict for plaintiff; upheld on appeal in Arkansas Supreme Court 2005

Rice v. American Abstract and Title
Circuit Court of Pulaski County, Arkansas CV-02-5698
Document preparation as unauthorized practice of law; settled in 2004 (witness for defendant).

Chandler et al v. Lenders Title Company
Circuit Court of Garland County, Arkansas No. CV-2001-787-1
Document preparation as unauthorized practice of law (witness for defendant). Settled in 2005.

Cowles v. Bank West
Krause v. Huntington National Bank
State of Michigan, Circuit Court for County of Kent No. 98-06859-CP
Document preparation as unauthorized practice of law (witness for defendant). Deposed in 1999. Cases settled in 2001.

Contract Processing Services, Inc. v. Headlands Mortgage Co.
Case LIC 752173 in Court of San Diego, California
Issue of whether payments to contractor were legal under RESPA (2001). (witness for defendant).
Subsequently, losing party sued her counsel and I was expert witness in arbitration resolved in favor of counsel. (see Cathy Reis matter, next)

Cathy Reis v. Kolodny & Pressman
American Arbitration Association (Case no. 71 194 1126 02 SACO) (2003).

Weil v. Long Island Savings Bank
206 F.R.D. 38 (E.D. NY 2001)
On behalf of plaintiff for illegal payments by defendants to law firm under RESPA, settled in 2001 with substantial cash settlement to plaintiff.

Glenn Bryan, et al. v. Ameriquest Mortgage Company
Superior Court of California, County of Orange, Case No. 00CC12831

Kristina Pierceall v. Ameriquest Mortgage Company and Ameriquest Capital Corporation
Superior Court of California, County of San Mateo, Case No. 415620
Engaged by defendant Ameriquest in state UDAP cases regarding Ameriquest loan application procedures. Ameriquest settled cases on June 25, 2005.

Sergio Ruiz v. Countrywide Home Loans, Inc.; Peirson & Patterson, L.L.P.
United States Court of Appeals, Fifth Circuit Nos. 01-21028, 01-51190
Allegation that split of fees between Countrywide and counsel for document preparation violated RESPA and state UPL provisions. (witness for defendant Peirson & Patterson). Class action certification revoked on both issues.

ABN AMRO Group, Inc. vs. Emerson Manufactured Homes, LTD, et al
ABN AMRO Mortgage Group, Inc. vs. CBSK Financial Group, Inc. d/b/a American Home Loans, et al
Federal District Courts, Texas
Hired as expert witness in July 2005 for plaintiff ABN AMRO Home Mortgage. Plaintiff sought damages for fraud when plaintiff had to repurchase loans originated relying on false information. Settlements concluded in late 2005.

Williamson v. KB Home Mortgage
96th Judicial District, Tarrant County, TX
RESPA escrow accounting issue – Settled in 2006. Deposition taken in Houston, TX. Witness for defendant.

U.S. ex rel Gary Lacefield v. KB Home Mortgage
USDC for Northern District of Texas, Dallas Division
Qui Tam proceeding on same basic facts as Williamson case. Witness for defendant. Ongoing 2007.

Constance Raley, et al. v. Chase Home Financial, LLC f/k/a Chase Manhattan Mortgage Corporation, Cause No. 02-CC-1055A
Circuit Court for St. Louis County, Missouri
Witness for defendant regarding matter involving document preparation as an unauthorized practice of law. Hired January 2006. Deposed February 10, 2006. Settlement concluded in March 2006.

Benway v. Resource Real Estate Services, LLC, et al.
Circuit Court in Baltimore County, Maryland
Witness for defendant in March 2006 regarding class action challenge to affiliated business arrangement . Ongoing 2008.

Farley et al. v. HomeOwners Loan Corporation
USDC for Northern Alabama
Witness for defendant regarding class action claim that fees paid violated RESPA. Ongoing 2008.

Horton et al. v. Flow Doc Inc. et al.
Circuit Court of Pulaski County, Arkansas
Document preparation as unauthorized practice of law. Witness for Defendant. Ongoing 20087.

Pettrey v. Enterprise Title Agency
U.S.D.C., Northern District of Ohio, Eastern Division
Witness for defendant Enterprise Title Agency, alleged sham affiliated business arrangement.  Engaged December 2007.  Trial scheduled September 2008.