Our Professional Team

Darlene Hernandez, Esq.

ATTORNEY
darlene-hernandez-attorney-geraci-law-firm

Bar Admissions

California
U.S. District Court Central District of California
U.S. Court of Appeals 9th Circuit
U.S. District Court Southern District of California
U.S. District Court Eastern District of California
U.S. District Court Northern District of California
New York

Education

B.A., University of California, San Diego
J.D., Thomas Jefferson School of Law

Awards

darlene-hernandez-attorney-geraci-law-firm

Darlene Hernandez, Esq.

ATTORNEY at GERACI LLP

Darlene Hernandez, Esq.

ATTORNEY

Areas of Practice

Lender Litigation
Judicial Foreclosures

About

Darlene Hernandez joined the firm as a Sr. Litigation Attorney in February 2020. Prior to joining the firm, she represented various institutional clients in the consumer financial services industry for national and regional foreclosure/real estate and bankruptcy firms since 2008. Her practice covers a broad range of mortgage lending and banking litigation, including litigation relating to loan servicing, title, loan origination, post-foreclosure and REO, nuisance abatement, and foreclosure trustee and predatory lending defense, RESPA/TILA issues, title defects/claims, judicial foreclosure, deficiency judgments, and receivership.

Previously, she was a partner at Fitzmaurice & Demergian in San Diego, California in 2005 and practiced for eight years in the areas of general business litigation, commercial transactions, commercial office and retail leasing, business organization, restructuring, and consulting. Her litigation experience includes complex commercial litigation, title, and premises liability. She also worked with public agencies in the County of San Diego relative to actions to quiet title, and declaratory and injunctive relief as to easements, violation of zoning ordinances, and conditional use permits.

Darlene earned her Bachelor’s degree in Classics at the University of California, San Diego in 1992. In 1997, Darlene earned her Juris Doctor degree from Thomas Jefferson School of Law in San Diego, California. During law school, Darlene studied abroad in Canberra, Australia, Bologna, Italy, and Paris, France and was a founding member of the Pan Asian Law Students Association. She later became a board member and President of the Pan Asian Lawyers of San Diego and Filipino Lawyers of San Diego.

Darlene Hernandez has been member of the California State Bar since 1999 and New York State Bar since 2005.

Articles

Force Majeure in the Context of COVID-19
Understanding the Temporary Impacts of the Consolidated Appropriations Act 2021
5 Tips to Limit Lender Liability
Breaking Down Breach of Fiduciary Duty & Fraud in a Securities Context
Assessing the Commercial Real Estate COVID-19 Recovery
A Step-by-Step Guide for Contractual Force Majeure Provisions
Recent Illinois Decision Could Have Sweeping Impact on Force Majeure Interpretation
Revesting Provision in a Chapter 13 Plan Will Not Shield That Postconfirmation $3.8 Million Stock Buyout Windfall From Creditors
The Benefits of Judicial Foreclosures
THE PRICE OF STUPIDITY – OR HOW TO REALLY SCREW UP SERVICING A LOAN
The Price of Stupidity - or How to Really Screw Up Servicing a Loan
Senator Sanders Introduces Bill That Caps Consumer Interest Rates at 15%
Senator Sanders Introduces Bill That Caps Consumer Interest Rates at 15%
Lender Beware: The Risks of Taking on a Residential Fix & Flip After Foreclosure and How You Can Avoid 10 Years of Liability
The Smell of Money Burning - Official Figure on Insured Losses Reaches $9 Billion and Lenders Have Not Even Started Counting.
Pitfalls of Buying Claims in Bankruptcy
Federal Appeals Court Rights First American Title Company’s Wrong
New Florida Law Prevents Debtors From Contesting Property Surrender
Seventh Circuit Sends a Warning to Serial Bankruptcy Filers
Third Circuit Rules Title Companies Need Only Defend Covered Claims
Tennessee Couple Busts Title Insurance Myth
Ninth Circuit Ruling a Warning to Those Doing Business with Cannabis Industry
The Rise of Bitcoin in Bankruptcy
Household Debt Increases as Chapter 11 Bankruptcy Filings on the Rise
Loan Servicer Found Liable For Contacting Debtors After Bankruptcy Discharge
SCOTUS Allows Bankruptcy Protections for Dishonest Debtors
CFPB Updates Mortgage Guidelines
California Federal Judge Upholds $7.93 Million Penalty for Mortgage Provider
Bank Requests Court To Reconsider Contested FCA Deal
The SCOTUS Rejects Review of Midland Securitization Case
RMBS Suit Against Morgan Stanley Gets Resurrected On Appeal
Contract Dispute Implicating Wells Fargo Data to be Arbitrated
LendingClub Requests Federal Court to Deny Class Certification
Banks Reach $65.5M Settlement in SSA Bond-Fixing Suit
Will The DOJ Join Ocwen's Case?
JPMorgan's $22M Swiss Franc Settlement Granted Initial Go-Ahead
Court Critical of DOL Fiduciary Rule Leaves Labor Proposing Compliance Delay
Texting Your Way into an Unwanted Binding Real Estate Contract
Loan Mod Fraud Suit Dismissed by Ninth Circuit
Buying Notes from Banks and Think You're Okay From Usury? Think Again.
CFPB Asks Court to Deny Ocwen from Expediting Constitutionality Ruling
Deutsche Bank Settles with the State of Maryland for $95 Million
How Corporations Can Prepare for CFPB Investigations
City of Philadelphia Decides to Sue Wells Fargo over Discriminatory Lending
Wells Fargo Faces Suit from City of Philadelphia Over Predatory Lending
Indiana Supreme Court Rejects Borrowers' Claim That Bankruptcy Wiped Out Their Mortgage
The Most Underutilized Protection For Seller Carry Back Financing Loans: A Lender's Policy Of Title Insurance And Why It Is Crucial For Any Seller Who Agrees To Act As A Lender
How Not To Lose Your Broker Commission In A Bankruptcy
Supreme Court Rules in Favor of Cities Suing Predatory Lenders
California Mortgage Company Agrees to Pay Borrowers $1.4 Million
Being Proactive with Your Funding will Result in Less Defaults
TCPA Suit Concludes With Wells Fargo Agreeing to $30.4M Settlement

Webinars

Understanding Securities Litigation and Enforcement
Options After Default: Judicial vs. Non-Judicial Foreclosures in California
Cancelled Contract: Managing Contract Disputes Amid the Outbreak
Contact Darlene Hernandez, Esq.
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We represent financial institutions and real estate professionals. Unfortunately, we do not represent consumers.
Copyright 2022 GERACI LLP
All Rights Reserved
Copyright 2022 GERACI LLP
All Rights Reserved
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