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Carl E. Fumarola

Partner

One Post Office Square
30th Floor
Boston, MA 02109
carl.fumarola@nelsonmullins.com

Carl Fumarola is a partner of Nelson Mullins Riley & Scarborough LLP in Boston where he focuses on financial services litigation and co-chairs the firm’s Tax Lien Resolution & Litigation Group. Notably, he has recovered and prevented the loss of tens of millions of dollars worth of real property on behalf of national banks and...

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Carl Fumarola is a partner of Nelson Mullins Riley & Scarborough LLP in Boston where he focuses on financial services litigation and co-chairs the firm’s Tax Lien Resolution & Litigation Group. 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.

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.

Carl Fumarola is a partner of Nelson Mullins Riley & Scarborough LLP in Boston where he focuses on financial services litigation and co-chairs the firm’s Tax Lien Resolution & Litigation Group. 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

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

Industries

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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