Joy Sperling, chair of Day Pitney's Consumer Finance and Creditors' Rights group, primarily represents consumer lending institutions - such as mortgage servicers, as well as lenders and investors - in the defense of claims by borrowers in individual and class-action claims throughout the nation. She has substantial experience in litigating creditors' rights and real estate matters, including:
Joy speaks and writes frequently on consumer lending and related issues and has been quoted and published often in major legal and business publications, including the National Law Journal, Law360 and Bloomberg's Banking and Financial Report.
Joy has been listed in Chambers USA: America's Leading Lawyers for Business as a leading litigation lawyer in New Jersey since 2011. In 2011, Chambers wrote: "Clients note that Joy Sperling deserves special merit for her 'brilliantly efficient and methodical approach to litigation.' As one source notes, her 'appetite for getting down to brass tacks has saved us a great deal in cost.' She maintains a niche in defending consumer-lending institutions." In 2015, Chambers noted that Joy received "sterling feedback from sources." A source remarked that "her responsiveness is fantastic and she is aggressive enough as an attorney so as to get great results." In 2016, Chambers remarked that Joy "is held in high regard by clients" and quoted clients who said they "'would recommend her to anyone' because she 'cares about the issues and you always have her attention.'" She has also been recognized by Super Lawyers in the area of bankruptcy and creditor/debtor rights and has been chosen for inclusion in The Best Lawyers in America for banking law.
Joy's practice also includes probate litigation. She counsels clients on will construction lawsuits and litigation involving executors and beneficiaries.
Joy clerked for The Honorable Wilfred P. Diana, A.J.S.C., 1986-1987.
Representation of a mortgage servicer in a suit brought in the Queens County Supreme Court, New York, which was removed to the Eastern District of New York, by borrowers who alleged violations of the TILA, RESPA, HOEPA, as well as New York Banking law; obtained a dismissal of all claims, pursuant to Fed. R. Civ. Proc. 12(b)(6), prior to the commencement of discovery. Successfully argued for affirmance of the district court's judgment on appeal to the Second Circuit
Representation of a bank in a suit brought in the District Court of New Jersey by a customer who alleged violations of the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act, and TILA, as well as common law claims of negligent infliction of emotional distress and breach of fiduciary duty; obtained a dismissal of all claims, pursuant to Fed. R. Civ. Proc. 12(b)(6), prior to the commencement of discovery
Representation of a mortgage servicer and trustee in a suit brought in the Queens County Supreme Court, New York, which was removed to the Eastern District of New York, by borrowers who sought to prevent collection and enforcement of an approximately $2.5 million home mortgage, claiming that the mortgage servicer lacked any right to pursue collection of the mortgage because the mortgage had been consolidated and assigned by means of robo-signing, fraud and the improper involvement of Mortgage Electronic Registration Systems, Inc. and also alleged claims under the TILA; we moved for summary judgment prior to engaging in any substantive discovery, plaintiffs opposed our motion and filed a cross-motion for summary judgment, and the court granted our motion for summary judgment in its entirety, and denied the plaintiffs' cross-motion for summary judgment in its entirety; subsequent motion for reconsideration filed by the plaintiffs was denied and an appeal was dismissed by the plaintiffs
Representation of a mortgage lender in a suit brought in the Eastern District of Pennsylvania by borrowers who alleged violations under the TILA as well as common law claims. After a three day bench trial, we obtained a dismissal of the claims pursuant to Fed. R. Civ. Proc. 52(c). The Third Circuit affirmed the dismissal by order dated October 7, 2011.
Representation of a bank in a suit brought in the Superior Court of New Jersey by a customer who claimed that she was entitled to damages as a result of her attempted deposit of two counterfeit checks. We obtained a dismissal of the Amended Complaint on a motion to dismiss, which dismissal was affirmed by the New Jersey Appellate Division
Representation of a bank that made motor vehicle loans in the settlement of a statewide class action suit pending in the Superior Court of New Jersey, Hunterdon County, alleging claims under certain New Jersey laws including the Uniform Commercial Code (N.J.S.A. 12A:9-102 et seq.), the New Jersey Consumer Fraud Act (N.J.S.A. 56:8-1 et seq.), and the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (N.J.S.A. 56:12-14 et seq.)
Representation of lenders and collection agencies in individual actions involving claims under the TILA, the Fair Billing Practices Act, the Fair Credit Reporting Act (FCRA), and the FDCPA
Representation of lender in the landmark case in New Jersey that resulted in the first reported decision rejecting the imposition of a fiduciary duty on a lending bank in its relationship with a borrower, and in a precedent-setting truth-in-lending case
Representation of credit card companies in actions under the FCRA in numerous actions by cardholders brought in the state and federal courts in New Jersey and New York
Representation of a collection agency in a suit brought by a debtor alleging violations by the defendant of the FDCPA. We obtained a dismissal of the complaint, pursuant to Fed. R. Civ. P. 12(b)(6)
Representation of a collection agency and creditor in a suit brought by a debtor alleging violations of the FCRA. We obtained summary judgment, which decision was affirmed by the Second Circuit
cum laude1983Phi Beta Kappa, Phi Alpha Delta
Chosen for inclusion in Chambers USA Legal Directory as a leading litigation attorney in New Jersey, 2011-2017
Chosen for inclusion in The Best Lawyers in America, Banking Law, 2007-2017
Selected to the list of New Jersey Super Lawyers (Thomson Reuters), Litigation, Estate and Trust Litigation, 2016
Selected to the list of New Jersey Super Lawyers (Thomson Reuters), Bankruptcy, Creditor/Debtor Rights, 2005, 2009-2014
Selected to the list of Super Lawyers (Thompson Reuters), Corporate Counsel edition, 2010
AV Preeminent rated by Martindale-Hubbell