Amy B. Hackett

Member

Overview

Amy Hackett focuses on consumer financial services, real estate, construction, and other complex commercial litigation. She represents residential and commercial lenders, loan servicers, government-sponsored entities and other financial institutions in prosecuting and defending cases involving contract disputes, violations of state and federal consumer protection laws, tort claims, title issues, and challenges to foreclosures. She also represents other commercial entities, including general contractors, subcontractors, developers, and property owners in commercial contract disputes, business torts, unfair trade practices, and other complex civil matters. Amy regularly appears in state and federal courts throughout New England, and has appeared and argued before the Massachusetts Appeals Courts and First Circuit Court of Appeals. Her approach is to develop comprehensive case strategies that provide her clients with efficient, cost-effective, and successful resolution of their claims.

Representative Matters

  • Obtained dismissal of a putative class action filed by a residential mortgagor seeking equitable relief and damages from a loan servicer as a result of the alleged improper inclusion of a “late fee” in a payoff statement.
  • Prevailed in the First Circuit Court of Appeals in a case involving claims for wrongful foreclosure and violation of Massachusetts’ consumer protection statute. Butler v. Deutsche Bank Trust Co. Americas, 748 F.3d 28 (1st Cir. 2014).
  • Successfully proved contract claims in the United States District Court for the District of Massachusetts on behalf of a private commercial lender.
  • Prevailed in the Massachusetts Appeals Court on behalf of a loan servicer in a case involving a claim for rescission under the Massachusetts Consumer Credit Cost Disclosure Act. DeSimone v. GMAC Mortgage, LLC, 85 Mass. App. Ct. 1102 (2014).
  • Successfully proved claims for equitable estoppel and equitable subrogation to establish a first lien position for a financial institution at trial in Norfolk Superior Court, and obtained a decision from the Massachusetts Appeals Court affirming judgment. Bank of New York v. Medway Lumber & Home Supply, Inc., No. CV200802229, 2010 WL 6218736, 28 Mass. L. Rptr. 127 (Mass. Super. Ct. Nov. 29, 2010), aff’d, 83 Mass. App. Ct. 1107 (2013).
  • Defeated claims for equitable subrogation and restitution asserted by competing lienholder and establishing a first lien position on behalf of mortgagee at trial in Massachusetts Land Court. Countrywide Home Loans, Inc. v. Bruce, No. 08 MISC 386939 (GHP), 2011 WL 1620779 (Mass. Land Ct. Apr. 25, 2011).
  • Prevailed in the Massachusetts Appeals Court in a case involving a contract for the sale of commercial property. Gilchrist v. Fitzgibbons, 77 Mass. App. Ct. 1119 (2010).
  • Defeated summary judgment in Essex Superior Court on behalf of a general contractor on claims against it for misrepresentation and violation of Mass. Gen. Laws c. 93A arising out of work on a construction project.

Professional Affiliations

  • Boston Bar Association
  • Real Estate Bar Association of Massachusetts

Awards and Recognition:

  • Selected for inclusion in Massachusetts Super Lawyers – Rising Stars in 2015, 2016 and 2017