Summary: Mortgage Expert Witness testimony allowed even though the defendant argued that he was not qualified to offer an opinion because he has never worked for a mortgage servicer or servicing regulator.
Facts: This case (United States ex rel. Mitchell v. CIT Bank, N.A. – United States District Court – Eastern District of Texas – April 26, 2022) involves a claim under the False Claims Act (FCA). The Relator, Andrew Mitchell, through the plaintiff, The United States, alleges that the defendant, One West Bank, submitted false claims to the Government in order to obtain payment under three Government loan-modification programs. Mitchel alleges that One West Bank certified to numerous Government agencies that it was in compliance with specific laws and regulations, despite it knowing that it was not. One West Bank’s false certifications caused the government to make payments to the bank that it wouldn’t have made. In order to assist in his case, Mitchell hired Mortgage Expert Witness Nelson Locke, Esq. to provide expert testimony. The defendant filed a motion to exclude this expert witness from testifying.