Daron Janis

Daron L. Janis is an accomplished appellate advocate and maintains an active practice in regulatory compliance and business litigation. As an appellate lawyer, Daron has taken a leading role in four of the last six cases in the Texas Supreme Court involving home-equity loans under article XVI, section 50(a)(6) of the Texas Constitution, and he regularly argues before the U.S. Circuit Courts of Appeals and state courts of appeals.

Daron's compliance work includes advising forward and reverse mortgage lenders regarding federal and state statutory and regulatory requirements, developing new loan products and creating loan documents and disclosures for those products to comply with all legal and industry requirements, revising existing loan documents to adapt to statutory and regulatory changes, and assisting lenders with investigations by federal and state regulators.

Daron’s experience includes:

Appellate – Texas 50(a)(6)/Home Equity

• Obtaining an answer from the Texas Supreme Court on a certified question that preserved equitable subrogation rights for Texas 50(a)(6)/home-equity lenders
• Defending appeal in the Texas Supreme Court regarding significant issues related to the contractual forfeiture penalty mandated by the Texas Constitution
• Defending appeal in the Texas Supreme Court upholding lenders' ability to modify Texas 50(a)(6)/home-equity loans
• Defending mortgage servicer in litigation and appeal of a putative class action within multidistrict litigation involving modifications of Texas 50(a)(6)/home-equity loans

Appellate – Consumer Finance Generally

• Representing mortgage servicer and mortgage-backed securities trustee in appeal involving foreclosure statute-of-limitations issues
• Representing credit reporting agency in FCRA defense of negligence and defamation claims arising from a background report

Appellate – Other

• Obtaining mandamus from Texas Supreme Court that reaffirmed dormant Texas law regarding dismissals for want of prosecution
• Pro bono appellate defense of judgment awarding damages to victim of civil rights abuse under 42 U.S.C. § 1983
• Briefing for amicus curiae in the Texas Supreme Court in negligent entrustment case

Regulatory Compliance

• Representing national bank in internal investigation of closing practices, including self-reporting and resolution of issues with relevant regulators
• Revising government sponsored entities' uniform instruments for Texas 50(a)(6)/home-equity loans
• Advising mortgage broker regarding RESPA and licensing issues in connection with expansion into new states
• Representing mortgage servicer in investigations by the CFPB and state attorney general regarding reverse mortgage servicing, escrow and foreclosure practices
• Drafting loan documents and disclosures for new reverse mortgage products
• Revising loan documents and disclosures for existing reverse mortgage products to conform with new state requirements
• Conducting due diligence for national bank in its acquisition of a mortgage banker

Litigation

• Defending national mortgage servicer in scores of cases involving lender liability claims arising from forbearance agreements in the wake of Hurricanes Katrina and Rita
• Representing commercial loan creditor in suit to recover $1 million judgment from entity related to judgment debtor under a successor liability theory
• Representing mortgage servicers in putative class actions and individual litigation regarding Texas 50(a)(6)/home-equity loans

Reported Decisions

• Fed. Home Loan Mortg. Corp. v. Zepeda, ___ S.W.3d ___, 2020 WL 1975169 (Tex. 2020). Certified question to the Texas Supreme Court regarding equitable subrogation. The Court reaffirmed Texas 50(a)(6)/home-equity lenders’ equitable subrogation rights
• De los Santos v. Commission for Lawyer Discipline, 547 S.W.3d 640 (Tex. App.—San Antonio 2017, pet. denied). Affirming jury verdict in case involving state constitutional due-process challenge to rules governing appointment of judges in attorney disciplinary actions
• Worthing v. Deutsche Bank Nat’l Trust Co., 545 S.W.3d 127 (Tex. App.—El Paso 2017, no pet.). Affirming summary judgment against wrongful foreclosure claims and holding that a lender could retroactively become authorized to make Texas 50(a)(6)/home-equity loans
• Garofolo v. Ocwen Loan Serv., L.L.C., 497 S.W.3d 474 (Tex. 2016). Certified questions to the Texas Supreme Court regarding the contractual forfeiture penalty for Texas 50(a)(6)/home-equity loans
• Wood v. HSBC Bank USA, N.A., 505 S.W.3d 542 (Tex. 2016). Determining whether a four-year statute of limitations applies to quiet-title claims in Texas 50(a)(6)/home-equity cases
• Cowart v. Erwin, 837 F.3d 444 (5th Cir. 2016). Affirming jury verdict for civil rights abuse victim in 42 U.S.C. § 1983 case
• In re Connor, 458 S.W.3d 532 (Tex. 2015). Issuing mandamus to dismiss case for want or prosecution after more than eight years of inactivity
• Sims v. Carrington Mortg. Servs., L.L.C., 440 S.W.3d 10 (Tex. 2014). Certified question to the Texas Supreme Court regarding the permissibility of modifications of Texas 50(a)(6)/home-equity loans
• Exel Transp. Servs., Inc. v. Aim High Logistics Servs., LLC, 323 S.W.3d 224 (Tex. App.—Dallas, 2010, pet. denied). Reversed jury verdict and rendered take-nothing judgment based on failure to prove lost profits damages