scott_robert_1
Robert Scott

Robert A. Scott

Partner

scottr@ballardspahr.com
Tel 410.528.5527
Fax 410.528.5650
Baltimore

Robert A. Scott practices general commercial litigation, with an emphasis on real estate, title insurance, and consumer finance litigation.

Mr. Scott regularly defends banks, consumer lenders, and mortgage servicers against claims brought under various state and federal consumer statutes, including the federal Truth In Lending Act, the federal Real Estate Settlement Procedures Act, the Fair Credit Reporting Act and the federal Fair Debt Collection Practices Act. He recently defended a large national mortgage originator against breach of warranty claims brought by an institutional investor over a $30 million portfolio of residential mortgage loans.

Mr. Scott has litigated hundreds of title insurance cases, representing insured owners and lenders of various title insurers in courts across Maryland and in the District of Columbia. In addition, he has defended title insurers themselves in significant coverage matters and direct litigation, including class actions. Mr. Scott is experienced in all areas of real property litigation, including specific performance, contested foreclosures, fraudulent conveyances, competing deeds, lien priority disputes, equitable subrogation, prescriptive easements, forged and/or unrecorded instruments, and defective mortgages.

Mr. Scott also defends lawyers, law firms, and foreclosure trustees against claims of fraud, wrongful foreclosure, and other torts. He recently obtained dismissal of a putative class action filed against a law firm over alleged "robo-signing" activities in connection with residential foreclosures.

Mr. Scott also represents business clients in general commercial disputes involving breach of contract, partnership agreements, fraudulent conveyances, commercial leases, construction defects, product liability, business torts, and securities.

Mr. Scott has tried cases to judgment in state and federal courts across Maryland and in the District of Columbia. He is also an accomplished appellate lawyer, having successfully argued numerous appeals, including several recent cases involving novel issues of Maryland real property law.

Mr. Scott also serves as an adjunct professor at the University of Baltimore School of Law, where he teaches a course on Maryland Civil Procedure.

Representative Matters

  • Won dismissal of a bankruptcy trustee's claims for conspiracy, conversion, and breach of fiduciary duty against a law firm and title company over alleged fraudulent transfer of assets by debtor
  • Successfully represented mortgage lenders in a $16 million fraud case involving a mortgage brokerage called the "Metropolitan Money Store." Prevailed or secured favorable settlements in more than 20 individual cases that challenged the validity of the lenders' recorded mortgages.
  • Won summary judgment in favor of a national mortgage lender on claims by the borrower of fraud and negligence in connection with an allegedly forged deed
  • Obtained dismissal of claims against a national title insurance carrier brought by the owner of a foreclosed residential property under a standard closing protection letter
  • Won summary judgment in favor of a national consumer lender in a class action suit in the Circuit Court for Frederick County (Maryland) over the assessment of fees charged in connection with automobile loans
  • Participated on a team of Ballard Spahr lawyers that obtained dismissal of a putative class action lawsuit against a national title insurer over the alleged overcharging for title insurance issued in residential mortgage refinance transactions
  • Obtained dismissal of claims filed by former tenants under the District of Columbia's Tenant Opportunity to Purchase Act against owner of multiunit apartment building in Washington, D.C.

Reported Decisions

  • Molina v. FDIC, 870 F. Supp. 2d 123 (D.D.C. 2012)
  • Prologo v. Flagstar Bank, 471 B.R. 115 (D.Md. 2012)
  • Schultz v. CitiMortgage, 424 Md. 333 (2012)
  • Taylor Electric v. First Mariner Bank, 191 Md. App. 482 (2010)
  • HSBC Bank v. Mendoza, 11 A.3d 229 (D.C. 2010)
  • Arthur v. Ticor, 569 F.3d 154 (4th Cir. 2009)
  • Washington Mutual v. Homan, 186 Md. App. 372, 974 A.2d 376 (2009)
  • Chambers v. Cardinal, 177 Md. App. 418 (2007)
  • Republic v. Mission West, 391 Md. 732 (2006)
  • Steigerwald v. Bradley, 136 F. Supp.2d 460 (D.Md. 2001)

Pro Bono Experience

Mr. Scott regularly performs pro bono legal work for institutions serving low-income residents and recently obtained a judgment against a roofing contractor for faulty work performed on an inner-city church.

Judicial Clerkships

Hon. Howard S. Chasanow, Court of Appeals of Maryland, 1995-1996

Professional Activities

American Bar Association
Co-Chair, Real Estate Litigation Committee's Subcommittee on Mortgages and Foreclosure (appointed January 2010)
Member, Title Insurance Litigation Committee

Maryland State Bar Association

Maryland Land Title Association

Attorney Grievance Commission of Maryland, Peer Review Committee

Publications

"Maryland Defendants Can Recover Attorneys' Fees Paid by Insurance Company," Ballard Spahr Litigation alert, November 1, 2013

"Title Insurers Not Liable for Agent's Negligence," Ballard Spahr Real Estate alert, February 1, 2013

Co-author, "Court Bars Mortgage Foreclosure Robo-Signing Claims," Ballard Spahr Consumer Financial Services alert, January 27, 2012

"Dealing With Defective Mortgages," American Bar Association Title Insurance Litigation Committee newsletter, Fall 2011

"Arthur v. Ticor Title Insurance Co.: State Law Remedies in Title Insurance Class Actions," American Bar Association Real Estate Litigation Committee newsletter, Volume 8, Issue 1, Fall 2009

Co-author, "Court Protects Mortgages Executed in Foreclosure Rescue Transactions," American Bar Association Real Estate Litigation Committee newsletter, Volume 7, Issue 1, Spring 2009

Speaking Engagements

Panelist, "Recent Developments In Fair Lending Law," Risk Management Association audio conference on the activities of the Consumer Financial Protection Bureau, November 7, 2013

Panelist, "Supposed Drop in Mortgage-Related Litigation May Be Just an Illusion," Ballard Spahr and Mortgage Daily webinar, May 17, 2013

"Curing Defective Mortgages," ABA Title Insurance Litigation Committee Annual Meeting, February 2013

"Protecting Confidential Information in Discovery," CitiMortgage in-house seminar, October 2011

"Risks for Title Insurers in Foreclosure Rescue Transactions," Stewart Title Guaranty Company in-house seminar, December 2007

Board Memberships

The Loading Dock, Inc., a nonprofit agency in Baltimore dedicated to the reuse and redistribution of salvaged and surplus building materials
President, 2013-present; past Vice President

University of Baltimore School of Law (J.D. 1995, summa cum laude)
Member, University of Baltimore Law Review; Member, Heuisler Honor Society

University of Wisconsin, Madison (B.A. 1987)

District of Columbia

Maryland