Terry is a
member in Kaufman & Canoles Richmond office, where she concentrates her
practice in litigation and regulatory compliance issues related to real estate
finance, mortgage banking and consumer finance. Her clients consist of large
national banks and mortgage companies, regional and community banks, credit
unions and other secured and unsecured lenders in complex commercial, class
action and bankruptcy litigation. She works closely with in-house counsel to
identify realistic solutions, provide pragmatic advice and has defended
over 200 cases in state and federal courts. Terrys bankruptcy practice
includes representation of trustees, creditors committees, financial
institutions and other creditors in adversary proceedings. She frequently
negotiates workouts and settlements between lenders and borrowers. In addition,
her trial practice includes a variety of corporate and civil matters, including
shareholder and derivative claims, disputes relating to real property, title
claims, mechanics liens, commercial landlord-tenant issues, eminent domain,
land use and zoning issues.
admitted to practice in all state, federal and bankruptcy courts in Virginia
and North Carolina, as well as the Fourth Circuit Court of Appeals. She is
often invited to discuss finance litigation topics, and has been privileged to
appear as a guest speaker at the events of the American Conference Institute
(National Forums on Residential Mortgage Litigation and Regulatory Enforcement
as well as Consumer Finance Class Actions & Litigation), the National
Business Institute, and state and local bar associations. Terry has also
published works on finance, mortgage and consumer credit issues.
- Represents lenders, servicers and investors in mortgage litigation and class actions related to issues arising under consumer foreclosure disputes (including HAMP, HARP and MHA programs), alleged fraudulent mortgages, loan documentation and servicing issues, FHA requirements, predatory lending, MERS and assignment issues, and claims brought pursuant to the federal Truth in Lending Act ("TILA"), the Home Ownership and Equity Protection Act ("HOEPA"), the Real Estate Procedures Settlement Act ("RESPA"), and Virginias CRESPA.
- Advises clients in fair lending, UDAAP and regulatory and compliance matters involving the CFPB, DOJ and federal and state agencies.
- Represents lenders and credit card issuers in consumer disputes, claims made under the Fair Debt Collection Practices Act ("FDCPA"), Fair Credit Reporting Act ("FCRA"), Fair and Accurate Credit Transactions Act ("FACTA"), Equal Credit Opportunity Act ("ECOA"), Telephone Consumer Protection Act ("TCPA"), unfair and deceptive trade practices, debt collection violations, identity theft, privacy issues, bankruptcy and fiduciary-related claims.
- Advises clients lenders, brokers, servicers and other settlement service providers, including counseling clients on state and federal regulatory compliance obligations, including licensing fees, record retention, advertising obligations and restrictions, disclosure requirements and anti-predatory lending laws.
- Represents lending institutions and finance companies in the automotive, boating and other industries against borrowers for the recovery of secured collateral and loan defaults in detinue seizure (VA) and replevin (NC) actions representative matters (cont.)
- Represents creditors in state and federal criminal forfeiture proceedings
- Serves as trustee in foreclosures of commercial properties and large-scale residential developments
- Represents creditors, receivers, creditor committees and trustees in Chapter 11 bankruptcy and other proceedings
- Virginia Rising Stars; Law & Politics, 2009-2013
- Virginias Legal Elite; Virginia Business Magazine, 2009, 2013, 2015
- American Bar Association
- Virginia Bar Association
- North Carolina Bar Association
- City of Richmond Bar Association
- Federal Bar Association
- Mortgage Bankers Association
- North Carolina, 2003
- Virginia, 2007
- U.S. Court of Appeals, Fourth Circuit
- All North Carolina U.S. District Courts and Bankruptcy Courts
- All Virginia U.S. District Courts and Bankruptcy Courts
- Mary Washington College; B.A., 1996
- University of Richmond School of Law; J.D., 2003