Kenneth J. Flickinger
Member
Overview
Kenneth Flickinger practices in the area of commercial litigation with a concentration in representing nationally prominent financial institutions and mortgage servicers. The matters at issue in these cases include commercial and residential foreclosure actions, debt collection matters, loan servicing, lender liability, mortgage fraud, business torts, title issues, predatory lending, credit discrimination, state and federal unfair and deceptive trade practices (UDAP) statutes, and other alleged violations of law arising from his clients’ lending, servicing, and collections activity. Kenneth also represents financial services institutions in defending matters arising under the full range of laws and statutes regulating the consumer finance industry, such as the Truth-in-Lending Act (TILA), the Real Estate Settlement Procedures Act (RESPA), the Fair Debt Collection Practices Act (FDCPA), the Fair Credit Reporting Act (FCRA), and the Equal Credit Opportunity Act (ECOA). Kenneth counsels mortgage servicers and asset management companies on compliance issues including Consumer Financial Protection Bureau regulations, Fair Debt Collection Practices Act, and New York foreclosure and consumer protection statutes, and has worked closely with general counsels and in-house counsel regarding all aspects of litigation strategy.
Professional Affiliations
- New York City Bar Association, Member of the Mortgage Foreclosure Task Force
News and Insights
Publications
- “Court of Appeals Decision Establishes Standard for Compliance with Pre-Foreclosure Notice Requirements of RPAPL § 1304,” Eckert Seamans’ Financial Services Litigation Update, February 2023.
- “Long Island Courts At Odds With NYC Courts Regarding Reach of State COVID-19 Eviction Protections,” Eckert Seamans’ Financial Services Litigation Update, September 30, 2021.
- “Chief Administrative Judge of the New York Courts Issues AO 262/21 in Response to Recently Enacted Extension of the COVID-19 Emergency Eviction and Foreclosure Prevention Act,” Eckert Seamans’ Financial Services Litigation Update, September 9, 2021.
- “New York Extends COVID-19 Eviction & Foreclosure Hardship Stay Until January 15, 2022,” Eckert Seamans’ Financial Services Litigation Update, September 3, 2021.
- “New York Extends Eviction & Foreclosure Hardship Stay Until August 31, 2021,” Eckert Seamans’ Financial Services Litigation Update, May 6, 2021.
- “Discontinued and Revoked: Court of Appeals Changes Landscape of Foreclosure Statute of Limitations Jurisprudence in Reversing Quartet of Appellate Division Cases,” Eckert Seamans’ Financial Services Litigation Update, February 19, 2021.
- “Citimortgage v. Ramirez: Appellate Division, Third Department, Holds Statute of Limitations on Note Suit is Tolled During Pendency of Foreclosure Action,” Eckert Seamans’ Financial Services Litigation Update, February 5, 2021.
- “Chief Administrative Judge of the New York Courts Issues Guidance Relating to Recently Enacted Emergency Eviction and Foreclosure Prevention Act,” Eckert Seamans’ Financial Services Litigation Update, January 4, 2021.
- “New York Passes COVID-19 Emergency Eviction and Foreclosure Prevention Act: Effect on Prosecuting Foreclosures in New York,” Eckert Seamans’ Legal Update, December 29, 2020.
- “Second Circuit Court of Appeals Holds that Assignee of Federal Agency is Immune from Application of New York Statute of Limitations on Mortgage Foreclosure,” Eckert Seamans’ Financial Services Litigation Update, December 17, 2020.
Legal Updates
- “Summary of Foreclosure Abuse Prevention Act Proposed in the New York Legislature,” March 24, 2022.
- “New York Passes New Law Requiring Lenders and Mortgage Servicers to Provide Borrowers with a Single Point of Contact for Loss Mitigation Purposes,” November 8, 2021.
Speaking Engagements
- “Hot Topics in NY Foreclosure During Cold Times,” co-presenter, West LegalEdcenter, December 2021.
- “Time Waits for No One! The Statute of Limitations in NY Foreclosure,” co-presenter, West LegalEdcenter webinar, May 2021.
- “COVID-19: NY & Mass. Foreclosure Law and Mass. Obsolete Mortgage Law,” co-presenter, CLE webinar for a firm client corporate legal department, June 2020.