Jacqueline Aiello

Associate

jaiello@stradley.com

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Jacqueline Aiello
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Overview

Jacqueline Aiello concentrates her practice in the areas of commercial litigation, mortgage and lending litigation, banking litigation, and creditor’s rights. She has experience with handling matters for several nationwide loan servicers, trusts and mortgage banking institutions. She has successfully defended against affirmative suits commenced by borrowers against lenders involving quiet title actions, Article 15 proceedings, Telephone Consumer Protection Act (TCPA) suits, Fair Debt Collection Practices Act (FDCPA) suits, Consumer Fraud suits and tort claims on properties owned by mortgage companies.

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Focus

Representative Matters

  • dismissed multimillion-dollar personal injury action in the Second Circuit Court of Appeals commenced against nationwide mortgage and lending institution stemming from a fire at a property owned by the lending institution
  • dismissed TCPA suit involving over 500 auto-dialed telephone calls to the plaintiff’s cellphone, on the basis that plaintiff provided irrevocable contractual consent to be called via an auto-dialer by failing to opt out of a prior TCPA class action settlement
  • secured the voluntary dismissal of an FDCPA suit in which Consumer claimed defendant sent a collection letter which did not affirmatively state that interest and fees were not being charged on the account.
  • dismissed a suit commenced against an assignee of a financing agreement for alleged violations of the New Jersey Consumer Fraud Act (“CFA”).  Dismissal was granted on the basis that the Truth in Lending Agreement trumps the CFA and because the alleged violations were not apparent on the face of the agreement at the time of the assignment, defendant assignee was not liable. 
  • obtained a reversal of dismissal in the Appellate Division, Second Department, in a quiet title action seeking to void a fraudulent mortgage satisfaction, on the grounds that the defendant mortgagee could not claim bona fide encumbrancer status
  • defeated borrower’s affirmative defense of statute of limitations in six-figure law suit on a novel issue related to pre-foreclosure demand letters
  • obtained the complete dismissal of multiple code violations against a bank owned unoccupied property resulting from a fire
  • obtained summary judgment awards on behalf of mortgage servicers from consumer claims based on statute of limitations; predatory lending; lack of standing to foreclose; and violations of TILA, RESPA and state unfair trade practices laws
  • successfully represented nationwide creditors in adversary proceedings in bankruptcy
  • obtained orders dismissing interlocutory appeals in mortgage foreclosure and quiet title actions
  • successfully negotiated settlements for mortgage lenders in excess of several million dollars
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Credentials

Bar Admissions
  • Connecticut
  • New York
  • New Jersey
Court Admissions
  • U.S. Court of Appeals for the Second Circuit
  • U.S. District Court for the District of New Jersey
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Northern District of New York
  • U.S. District Court for the Western District of New York
Education
  • J.D., Touro College Jacob D Fuchsberg Law Center
  • B.A., Long Island University - CW Post Campus

In The Community

Jacqueline is active with the volunteer organization New York Cares and has volunteered for the Roseland Dance at the New Jewish Home for the Aged. She is also a member of Dress of Success benefitting women re-entering the workforce. She has also volunteered for a soup kitchen in Jersey City, NJ serving Sunday morning breakfast.  
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