Carolyn Goldman has practiced law for over 20 years representing a variety of business clients. She concentrates her practice in regulatory compliance for mortgage companies, banks, title companies, money transmitters, consumer lenders, escrow agents and other lending industry participants and settlement service providers. Her background includes complex commercial and business litigation, real estate related litigation, securities litigation and bankruptcy litigation for creditors.
Her experience includes:
- compliance and licensing matters involving the Arizona Department of Financial Institutions and the NMLS (Nationwide Mortgage Licensing System and Registry);
- the Real Estate Settlement Procedures Act (RESPA) and Regulation X including Affiliated Business Arrangements;
- the applicability of the Truth in Lending laws and rules, the Real Estate Settlement Procedures Act and accompanying rules and other federal laws, including as to business purpose loans;
- representing clients charged with violations of law by administrative agencies or the Arizona Attorney General’s Office;
- handling regulatory examinations by government agencies;
- auto finance and the interpretation of the Motor Vehicle Time Sales Disclosure Act;
- complex business disputes;
- litigation brought pursuant to the Arizona Securities Act alleging securities fraud and the absence of securities registration, including cases in which mortgage brokers and mortgage bankers have private loan participants;
- obtaining temporary restraining orders (TROs) and preliminary injunctions;
- litigation involving the Fair Housing Act;
- litigation involving the Economic Loss Rule;
- representing contractors, lenders and title companies in construction litigation;
- judicial and non-judicial foreclosure of residential and commercial properties and appointments of receivers;
- representing government agencies in commercial real property tax appeals, including valuation of a major steel mill;
- enforcement of promissory notes and personal guaranties;
- workout agreements and deeds in lieu of foreclosure;
- prosecuting and defending cases involving fraud, tortious interference with contractual relations and other tort claims;
- representing property owners and government agencies in eminent domain proceedings, including in challenges to necessity;
- disputes involving zoning and non-conforming uses;
- representing providers of Section 8 low income housing;
- representing real estate developers;
- tenaciously working to collect significant money judgments, including filing lawsuits pursuant to the Uniform Fraudulent Transfer Act; and
- appeals and special actions.
In bankruptcy court, she has represented banks, commercial lenders, other business entities and the bankruptcy trustee in connection with:
- filing motions for relief from the automatic stay;
- defending preference actions and other adversary proceedings and contested matters;
- objecting to the dischargability of debts;
- filing motions to intervene and for abstention;
- filing involuntary bankruptcy petitions.
She has represented hundreds of mortgage brokers, mortgage bankers and mortgage servicers in connection with licensing, compliance, regulatory and administrative matters. She has significant experience with the licensing and examination procedures of the Arizona Department of Financial Institutions (AZDFI), the “Responsible Individual” function and with Arizona and federal laws regulating mortgage industry businesses, including the Truth in Lending laws, the Real Estate Settlement and Procedures Act (RESPA) and the Dodd-Frank Act.
For the first ten years of her practice, Carolyn was with a boutique suburban Detroit real estate and litigation firm where she was made a partner.