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Carl E. Fumarola
Partner
One Financial Center
Suite 3500
Boston, MA 02111
Suite 3500
Boston, MA 02111
carl.fumarola@nelsonmullins.com
Carl focuses on financial services litigation. Notably, he has recovered and prevented the loss of tens of millions of dollars worth of real property on behalf of national banks and mortgage servicers in connection with tax sales throughout the United States. He also maintains a diverse litigation practice encompassing a variety of insurance and commercial...
Carl focuses on financial services litigation. Notably, he has recovered and prevented the loss of tens of millions of dollars worth of real property on behalf of national banks and mortgage servicers in connection with tax sales throughout the United States. He also maintains a diverse litigation practice encompassing a variety of insurance and commercial disputes. He represents clients in both the state and federal courts of Massachusetts and Rhode Island.
disputes. He represents clients in both the state and federal courts of Massachusetts and Rhode Island.
Experience
The following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.
Representative Matters
- Novak v. The Bank of New York Mellon Trust Company, No. 15-CV-1869 (Mass Super 2016) (dismissal of complaint alleging fraud-related claims concerning mortgage origination and foreclosure)
- Washington v. Wells Fargo Bank, N.A., No. PC-2014-0996 (RI Super 2014) (dismissal of complaint alleging securities fraud, invalid foreclosure, and violation of federal Fair Debt Collection Practices Act)
- DeCaro v. Trifone, No. MICV2012-03500 (Mass Super 2014) (dismissal of complaint asserting violation of public records laws, defamation, and interference with employment relations)
- Mailloux v. Wells Fargo Home Mortgage, Inc., No. NC-2014-0014 (RI Super 2014) (dismissal of complaint alleging breach of contract, bad faith, and misrepresentation in connection with a forbearance agreement and the loan modification process)
- Falk v. Santos, No. PC-2013-5426 (RI Super 2014) (dismissal of complaint alleging claims against a national bank for conspiracy and punitive damages in connection with mortgage foreclosure and eviction practices)
- Hardick v. PK Motor Cars, Inc., No. 1386-SC-903 (Peabody Dist Ct 2014) (defense verdict award against claims for breach of contract and unfair business practices)
- Borges v. Wells Fargo Home Mortgage, Inc., No. PC-2013-5005 (RI Super 2014) (dismissal of complaint alleging breach of contract, bad faith, and misrepresentation in connection with a forbearance agreement and the loan modification process)
- Brown v. Household Finance Corp., No. PC-2011-5572 (RI Super 2013) (awarded summary judgment on all claims in a case alleging invalid mortgage foreclosure and seeking to quiet title)
- ZVI Construction Co., LLC v. The Hartford Insurance Company, No. 1:09-cv-00547 (D. Mass 2011) (awarded summary judgment on all claims seeking $2.5 million in insurance coverage and for breach of contract in connection with catastrophic construction accident)
Previous Professional Experience
- Law clerk for the U.S. Attorney's Office, the City of Boston Law Department, and the U.S. Army JAG Corps during law school
- Intern at a public defender's office outside Washington, D.C. while completing his undergraduate degree
Education
-
Suffolk University Law School,
JD,
cum laude
(2003)
- Note Editor, Suffolk University Law Review (2002-2003)
- Staff Member, Suffolk University Law Review (2001-2002)
- Westfield State University, BA, magna cum laude (2000)
Admissions
- Massachusetts
- Rhode Island
- U.S. District Court for the District of Massachusetts
- U.S. District Court for the District of Rhode Island
- U.S. Court of Appeals for the First Circuit
Clerkships
- Judicial Clerk, Rhode Island Superior Court (2003 - 2004)
The following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.
Representative Matters
- Novak v. The Bank of New York Mellon Trust Company, No. 15-CV-1869 (Mass Super 2016) (dismissal of complaint alleging fraud-related claims concerning mortgage origination and foreclosure)
- Washington v. Wells Fargo Bank, N.A., No. PC-2014-0996 (RI Super 2014) (dismissal of complaint alleging securities fraud, invalid foreclosure, and violation of federal Fair Debt Collection Practices Act)
- DeCaro v. Trifone, No. MICV2012-03500 (Mass Super 2014) (dismissal of complaint asserting violation of public records laws, defamation, and interference with employment relations)
- Mailloux v. Wells Fargo Home Mortgage, Inc., No. NC-2014-0014 (RI Super 2014) (dismissal of complaint alleging breach of contract, bad faith, and misrepresentation in connection with a forbearance agreement and the loan modification process)
- Falk v. Santos, No. PC-2013-5426 (RI Super 2014) (dismissal of complaint alleging claims against a national bank for conspiracy and punitive damages in connection with mortgage foreclosure and eviction practices)
- Hardick v. PK Motor Cars, Inc., No. 1386-SC-903 (Peabody Dist Ct 2014) (defense verdict award against claims for breach of contract and unfair business practices)
- Borges v. Wells Fargo Home Mortgage, Inc., No. PC-2013-5005 (RI Super 2014) (dismissal of complaint alleging breach of contract, bad faith, and misrepresentation in connection with a forbearance agreement and the loan modification process)
- Brown v. Household Finance Corp., No. PC-2011-5572 (RI Super 2013) (awarded summary judgment on all claims in a case alleging invalid mortgage foreclosure and seeking to quiet title)
- ZVI Construction Co., LLC v. The Hartford Insurance Company, No. 1:09-cv-00547 (D. Mass 2011) (awarded summary judgment on all claims seeking $2.5 million in insurance coverage and for breach of contract in connection with catastrophic construction accident)
Previous Professional Experience
- Law clerk for the U.S. Attorney's Office, the City of Boston Law Department, and the U.S. Army JAG Corps during law school
- Intern at a public defender's office outside Washington, D.C. while completing his undergraduate degree
Media
Insights
| Tax Sale Investing: Preventing Fallout on Other Lienholders, LinkedIn, Co-Author (May 13, 2020) |
| Investing in Tax Liens and Deeds: Identifying Tax Sale Risks, Co-Author (May 6, 2020) |
| How Variations in Tax Sale Laws Impact Your Investment, Co-Author (April 29, 2020) |
| How Tax Sales Work: Protecting Your Investment, Co-Author (April 22, 2020) |
| Tax Sale Essentials, Co-Author (April 15, 2020) |
Events / Speaking Engagements
| Rhode Island Tax Collectors' Association, Speaker (September 2014) |
| Rhode Island – No Island Paradise For Mortgage Holders, Financial Institution Conference, Speaker (November 2013) |
Alerts
| Reacting to Tyler v. Hennepin County: Nebraska Supreme Court Imposes Liability on Investors, Additional Nelson Mullins Alerts, Co-Author (Aug. 26, 2024) |
| Reacting to Tyler v. Hennepin County: Massachusetts Passes Surplus Funds Revisions, Additional Nelson Mullins Alerts, Author (Aug. 7, 2024) |
Blogs
| The U.S. Supreme Court is Interested in. . . Tax Sales?, Tax Reports, Co-Author (Jan. 18, 2023) |
Recognitions
The bar rules of some states require that the standards for an attorney's inclusion in certain public accolades or recognitions be provided. When such accolades or recognitions are listed, a hyperlink is provided that leads to a description of the respective selection methodology.
- Nelson Mullins 2015 Renaissance Associate Award
- Massachusetts Super Lawyers Rising Star, Business Litigation (2013)
Professional Activities
- National Tax Lien Association
- American Bar Association
- Rhode Island Bar Association
Carl focuses on financial services litigation. Notably, he has recovered and prevented the loss of tens of millions of dollars worth of real property on behalf of national banks and mortgage servicers in connection with tax sales throughout the United States. He also maintains a diverse litigation practice encompassing a variety of insurance and commercial... disputes. He represents clients in both the state and federal courts of Massachusetts and Rhode Island.
Experience
The following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.Representative Matters
- Novak v. The Bank of New York Mellon Trust Company, No. 15-CV-1869 (Mass Super 2016) (dismissal of complaint alleging fraud-related claims concerning mortgage origination and foreclosure)
- Washington v. Wells Fargo Bank, N.A., No. PC-2014-0996 (RI Super 2014) (dismissal of complaint alleging securities fraud, invalid foreclosure, and violation of federal Fair Debt Collection Practices Act)
- DeCaro v. Trifone, No. MICV2012-03500 (Mass Super 2014) (dismissal of complaint asserting violation of public records laws, defamation, and interference with employment relations)
- Mailloux v. Wells Fargo Home Mortgage, Inc., No. NC-2014-0014 (RI Super 2014) (dismissal of complaint alleging breach of contract, bad faith, and misrepresentation in connection with a forbearance agreement and the loan modification process)
- Falk v. Santos, No. PC-2013-5426 (RI Super 2014) (dismissal of complaint alleging claims against a national bank for conspiracy and punitive damages in connection with mortgage foreclosure and eviction practices)
- Hardick v. PK Motor Cars, Inc., No. 1386-SC-903 (Peabody Dist Ct 2014) (defense verdict award against claims for breach of contract and unfair business practices)
- Borges v. Wells Fargo Home Mortgage, Inc., No. PC-2013-5005 (RI Super 2014) (dismissal of complaint alleging breach of contract, bad faith, and misrepresentation in connection with a forbearance agreement and the loan modification process)
- Brown v. Household Finance Corp., No. PC-2011-5572 (RI Super 2013) (awarded summary judgment on all claims in a case alleging invalid mortgage foreclosure and seeking to quiet title)
- ZVI Construction Co., LLC v. The Hartford Insurance Company, No. 1:09-cv-00547 (D. Mass 2011) (awarded summary judgment on all claims seeking $2.5 million in insurance coverage and for breach of contract in connection with catastrophic construction accident)
Previous Professional Experience
- Law clerk for the U.S. Attorney's Office, the City of Boston Law Department, and the U.S. Army JAG Corps during law school
- Intern at a public defender's office outside Washington, D.C. while completing his undergraduate degree
Education
-
Suffolk University Law School,
JD,
cum laude
(2003)
- Note Editor, Suffolk University Law Review (2002-2003)
- Staff Member, Suffolk University Law Review (2001-2002)
- Westfield State University, BA, magna cum laude (2000)
Admissions
- Massachusetts
- Rhode Island
- U.S. District Court for the District of Massachusetts
- U.S. District Court for the District of Rhode Island
- U.S. Court of Appeals for the First Circuit
Clerkships
- Judicial Clerk, Rhode Island Superior Court (2003 - 2004)
Practice Areas
Insights
| Tax Sale Investing: Preventing Fallout on Other Lienholders, LinkedIn, Co-Author (May 13, 2020) |
| Investing in Tax Liens and Deeds: Identifying Tax Sale Risks, Co-Author (May 6, 2020) |
| How Variations in Tax Sale Laws Impact Your Investment, Co-Author (April 29, 2020) |
| How Tax Sales Work: Protecting Your Investment, Co-Author (April 22, 2020) |
| Tax Sale Essentials, Co-Author (April 15, 2020) |
Events /
Speaking Engagements
Speaking Engagements
| Rhode Island Tax Collectors' Association, Speaker (September 2014) |
| Rhode Island – No Island Paradise For Mortgage Holders, Financial Institution Conference, Speaker (November 2013) |
Alerts
| Reacting to Tyler v. Hennepin County: Nebraska Supreme Court Imposes Liability on Investors, Additional Nelson Mullins Alerts, Co-Author (Aug. 26, 2024) |
| Reacting to Tyler v. Hennepin County: Massachusetts Passes Surplus Funds Revisions, Additional Nelson Mullins Alerts, Author (Aug. 7, 2024) |
Blogs
| The U.S. Supreme Court is Interested in. . . Tax Sales?, Tax Reports, Co-Author (Jan. 18, 2023) |
The bar rules of some states require that the standards for an attorney's inclusion in certain public accolades or recognitions be provided. When such accolades or recognitions are listed, a hyperlink is provided that leads to a description of the respective selection methodology.
- Nelson Mullins 2015 Renaissance Associate Award
- Massachusetts Super Lawyers Rising Star, Business Litigation (2013)
- National Tax Lien Association
- American Bar Association
- Rhode Island Bar Association
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