Enza G. Boderone
Of Counsel
305-350-2422
eboderone@bilzin.com
Hablo Español
Area of Focus:
Trial & Litigation
Enza G. Boderone
Of Counsel
305-350-2422
GET TO KNOW
ENZA
Enza’s commercial litigation practice has been heavily focused on financial services litigation, specifically mortgage-centric legal issues since the financial crisis of 2008. Her vast experience includes knowledge of mortgage-backed securities and all aspects of the loan origination and securitization process, indemnification claims, mortgage insurance, and high-profile commercial foreclosures. She has litigated with, and against, major industry players and understands their practices. Her profound knowledge and insightful perspectives on the wide range of issues relating to mortgages and mortgage backed securities provides her clients with a 360-degree view of the industry and its most complex legal challenges.
Q & A
What trends should clients be aware of in defending against alleged deficiencies in residential mortgage-backed securities (RMBS) offerings?
Large scale, multi-party cases are the new normal in financial services litigation. Clients and their lawyers must be prepared to handle millions of documents and coordinate discovery, expert witness testimony and the deposition of key witnesses through common defense and cost-sharing agreements with dozens of other defendants and their legal teams. It is very important for clients to find representation that is experienced in e-discovery to be able to manage properly large volumes of documents.
How does your experience working with committees benefit your clients?
High stakes, precedent-setting cases with more than one hundred defendants require strategic vision, leadership and effective team management. With recent efforts to consolidate RMBS cases under one judge, clients should choose representation that possess the skills and know-how to become active committee members and often lead the various committees set up under the case management order. My experience with committees places me in a position to defend my clients, spearhead the appropriate activities and maintain control of the process. Financial services companies understand the value of that experience.
Outside of your commercial litigation practice, what projects are you passionate about?
I have worked closely with up and coming musicians and other artists- including my daughter who is a singer/songwriter- needing guidance to properly structure their recording deals and other business agreements, and protect their intellectual property using copyrights and other means. It is rewarding to use my legal experience and skills to assist those who are pursuing their career dreams in the entertainment industry. I also enjoy assisting creative clients who are wildly enthusiastic about their product and tirelessly devoted to achieving success
EXPERIENCE
Defense of mortgage loan originators against claims brought throughout the country asserting over $500 million in cumulative damages. The cases were initiated by major financial institutions seeking repurchase of or indemnification for large volumes of residential mortgage loans sold before the 2008...
Defense of ten loan originators and sellers in the RFC and ResCap Liquidating Trust Litigation. More than eighty suits comprising the consolidated action were brought by the successor to one of the largest private purchasers of mortgage loans, seeking repurchase and indemnification arising out of th...
Defense of management company in class action brought by unit owners. Despite the initial denial of coverage by the client's insurance company, we obtained a favorable settlement with the class and subsequent settlement with the insurance company, who paid half of the settlement amount.
Representation of mortgage company in its defense against a $270 million breach of contract and indemnification action. After defeats in similar cases in other federal and state courts, Lehman Brotherssought recourse for new lawsuits in the Southern District of New York. Over 100 companies are being...
Representation of the finance division of a major U.S. homebuilder in defense of a purported $80 million lawsuit filed by a subsidiary of J.P. Morgan Chase(now in bankruptcy) in the United States. This lawsuit is part of one of the largest, longest-running, and possibly most complex bankruptcy proce...
Representation of high-rise luxury condominium in downtown Miami, Florida, in a multimillion-dollar claim against the defunct general contractor and performance bond surety for damages caused by delayed construction. Despite the 13-month delay, surety counterclaimed, demanding $20 million in damages...
INSIGHTS
Last month, the Consumer Financial Protection Bureau (CFPB) issued an advisory opinion on the attempted enforcement of time-barred alleged debt collection rights as to second mortgage loans. It is a violation of the Fair Debt Collection Practices Act (FDCPA) and its implementing Regulation F to sue ...
The regulatory authority of the U.S. Securities and Exchange Commission (“SEC”) over the cryptocurrency industry has recently been challenged on various accounts. A lawsuit filed by the SEC and, separately, a petition filed against the SEC are two examples of these recent events. The out...
Over the past year, the Federal Deposit Insurance Corporation (FDIC) as receiver for Washington Mutual Bank has filed a number of lawsuits against individual mortgage companies and mortgage brokers in connection with indemnification claims focused on residential mortgages that were originated before...
In February, the Consumer Financial Protection Bureau (CFPB) proposed amending the Federal Reserve Board’s Regulation Z with respect to the amount of fees that credit card issuers are permitted to charge their customers for late payments. Read to learn more about the details of the proposed ch...
On May 5, 2023, New York Attorney General Letitia James announced the Crypto Regulation, Protection, Transparency, and Oversight (“CRPTO”) Act, which aims “to protect customers and investors in digital assets from fraudulent practices, eliminate conflicts of interest and increase t...
Last month, the U.S. Securities and Exchange Commission (“SEC”) proposed rules in response to a surge in recent years of non-traditional IPOs by SPACs. Notwithstanding their increased prevalence, SPACs’ operations and their risk profiles are often not clear to interested investors,...
CREDENTIALS
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University of Miami, J.D., cum laude, 2004Florida International University, B.S., 1999
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American Bar AssociationSection of Litigation
Section of Intellectual Property Law
Forum on the Entertainment and Sports IndustriesBroward County Bar AssociationCommercial Real Estate Women (CREW)Copyright Society of the USADade County Bar AssociationNational Association of Women Lawyers -
Florida
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U.S. Bankruptcy Court, Southern District of New YorkU.S. Court of Appeals, Tenth CircuitU.S. District Court, Middle District of FloridaU.S. District Court, Southern District of FloridaU.S. District Court, District of ColoradoU.S. District Court, District of Minnesota
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Florida Super Lawyers, Florida Rising Stars, 2013 - 2014
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Spanish
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PRACTICES