Troy Doucet
SAMPLE CASES

Marais v. Chase Home Finance, LLC, 736 F.3d 711 (6th Cir. 2013) – This is one of the first decisions under the Real Estate Settlement Procedures Act creating 6th Circuit precedent regarding a borrower’s ability to maintain a claim under RESPA.

Slorp v. Lerner Sampson and Rothfuss, 587 Fed.Appx. 249 (6th Cir. 2014) – This case created 6th Circuit precedent allowing a borrower to bring a claim under the Racketeer Influenced and Corrupt Organizations Act (“RICO”) against a bank and the law firm representing the bank for actions taken in pursuit of a state foreclosure. Importantly, the Court expanded the interpretation of property injury and recoverable damages under 18 U.S.C § 1964(c).

Majestic Building Maintenance, Inc. v. Huntington, 864 F.3d 455 (6th Cir. 2017) – Here, the 6th Circuit affirmed the UCC principle that a bank could not disclaim its duty to act in good faith and exercise ordinary care under the Uniform Commercial Code, one of the first cases nationally on this issue.

Wells Fargo Bank, N.A. v. Gerst, 2014-Ohio-80 – The Ohio 5th District Court of Appeals affirmed that compliance with HUD Regulations was a condition precedent to foreclosing on a Fair Housing Administration mortgage loan.

In re Forson, 583 B.R. 704 (Bankr. S.D. Ohio 2018) – This case alleged a lender illegally demanded money on portions of a debt that was discharged in bankruptcy. The court held that the lender violated the bankruptcy discharge injunction under 11 U.S.C. § 524.

In re Beiter, 590 B.R. 446 (Bankr. S.D. Ohio 2018) – This case alleges that a lender illegally demanded money on portions of a debt that were discharged in bankruptcy. The case is one of the first nationally to allege violations of bankruptcy discharges as a class action in bankruptcy court. It is ongoing.

Washington v. Green Tree Servicing LLC, No. 1:15-CV-354, 2017 WL 1857258, at *1 (S.D. Ohio May 5, 2017), adopted, No. 1:15CV354, (S.D. Ohio June 15, 2017) – Federal trial court expanded the “reasonable diligence” standard under RESPA and the FDCPA for mortgage lenders, benefiting consumers.

Justice v. Ocwen Servicing, LLC, 2:13 CV 165 (S.D.Ohio 2014) – Summary judgment decision on claims under the FDCPA, TILA, and RESPA. The court interpreted servicers’ requirements to respond with information specifically requested by the customer.

Richard v. Caliber Home Loans, Inc., No. 2:15-CV-2647, 2017 WL 4349082 (S.D. Ohio Sept. 29, 2017) –FDCPA and TILA claims against a mortgage servicer with complete defense against seven counterclaims.

MDL In re Fed Loan Student Loan Servicing Litigation, 2:18-md-02833-CDJ (E.D. Pa.) – Doucet has been appointed to the Executive Committee of this MDL that involves up to 325,000 student loan accounts.

Rose v. Friendly Finance, 2016 WL 6436667 (S.D. Ohio 2016) – This consumer class action was filed to protect the interests of consumers who financed vehicles with a company that had an alleged illegal kickback scheme.

Hill v. Homeward Residential, Inc., 799 F.3d 544 (6th Cir. 2015) – This TCPA case alleged hundreds of robo-calls against a mortgage servicer without sufficient evidence of consent to receive the same.

PHH Mortg. v. Ramsey, 17 N.E..3d 629 (Ohio 10th Dist. 2014) – Successful defense of a verdict in favor of a foreclosed homeowner, where the court found the mortgage company breached the terms of the mortgage.

Cassidy v. Teaching Co., LLC, 2014 WL 4377843 ( S.D. Ohio 2014) – This class action alleged a seller of consumer video courses violated the FTC’s Order on false advertising discounts and Ohio’s CSPA.

In re Dibling, 514 B.R. 254 ( S.D. Ohio 2014) - Successful adversarial proceeding for bankruptcy violations.

Nour v. Shiwar, 2014 WL 3058296 ( Ohio 10th Dist. 2014) – Attorneys’ fees appeal following a successful jury trial for firm’s client regarding capital improvements for a business lease in a daycare center.

Union Sav. Bank v. Schaefer., 2013 WL 6843607 ( 10th Dist. 2013) and Flagstar bank, FSB v. Cintron, 984 N.E.2d 398 (2nd Dist. 2012) – Cases litigating TILA rescission of residential mortgage refinances.

Troy Doucet, Esq.

Troy Doucet opened the firm in 2010, immediately after graduating law school. Law is a second career for him, after extensive work in the mortgage industry. He works hard for his clients and has always maintained a philosophy that you should not have to be rich to hire a good lawyer.

Troy maintains top ratings from most of the companies that keep track of that sort of thing. He is rated AV Preeminent Rating from Martindale Hubble, and was named a Top 100 High Stakes Litigator for Ohio in 2019. He is a “SuperLawyer” in the area of debtor/creditor law, a designation only the top 5% of lawyers achieve. He obtained that designation the first year he was eligible, after being rated a SuperLawyer Rising Star for six years. He was awarded SuperLawyer’s national Pro Bono award in 2014 when his firm hired a dedicated pro bono lawyer to help the poor.

Troy has litigated hundreds of cases and dozens of appeals in his career, with several notable decisions that shape consumer law for the benefit of people at the Sixth Circuit federal appellate court. He is licensed to practice law in Florida, in several federal courts that include the Supreme Court of the United States of America.

Troy is dedicated to helping people facing significant financial challenges. His mission of helping people was shaped by his own personal experiences with financial loss. In 2005, Troy’s previous mortgage business collapsed, forcing him into bankruptcy at 26 years old. He lost his home to foreclosure. He had to completely reset and returned to school to finish his undergraduate degree before continuing to law school, where he excelled.

Before his difficult experiences, Troy ran a mortgage business that helped people. In 2004, a national magazine featured him as its cover story when he proposed the mortgage industry eliminate junk fees from all mortgages. His mortgage company did that early on, and then federal law changed to eliminate fees nationally. However, his good work wasn’t enough to keep the business afloat. In 2006, he was forced to start over.

He returned to finish his undergraduate degree in economics at The Ohio State University. He then went onto law school, where he graduated at the top of his class from Capital University Law School, magna cum laude. He focused on classes that would help him fight banks on behalf of people. He excelled in classes like Consumer Law, Real Estate Finance, Complex Litigation, Conflicts of Laws, and Contracts. That coursework shaped him into the litigator he is today.

Troy started volunteering at the Legal Aid Society of Columbus in law school. He graduated with more pro-bono hours than anyone in his class. After he graduated, he began attending the pro-bono legal clinics put on by the Legal Aid Society of Columbus, and still volunteers. Troy is so committed to helping others that he hired and paid for a dedicated lawyer just to handle pro bono matters. Troy funded that position for about two years (2014-2016).

Troy’s tough experience with bankruptcy and foreclosure taught him much about what banks and creditors are willing to do when enforcing their rights. It solidified his interest in protecting the “little guy” and fighting for their interests. Because of this, Doucet Gerling is a law firm dedicated to helping those in foreclosure, and consumers facing problems with businesses.

Due to Troy’s years of work in that industry, he has a unique and comprehensive understanding of mortgage financing and foreclosure defense. He published a 440-page book about litigating foreclosure cases in 2008, titled, 23 Legal Defenses to Foreclosure: How to Beat the Bank, and then published an integrated copy of Regulation Z in 2009, titled Regulation Z of the Truth in Lending Act: 12 C.F.R. Part 226. In 2014, he published The Art of War for Lawyers. He regularly speaks on the topic of foreclosure and consumer law and has taught numerous CLE courses for other lawyers.

Troy was born in 1979 and grew up in a military family. His father flew B-52 and O-2A airplanes and retired from the Air Force after 30 years of service, completing his career as a Colonel at Wright Patterson Air Force Base in Dayton, Ohio. Troy graduated from Centerville High School (near Dayton, Ohio) in 1997.

Troy resides in Hilliard with his wife Julie, and has three daughters, Alondra, Claire, and Maria.

Troy is a member of the Central Ohio Association for Justice, the American Bar Association, Ohio State Bar Association, Columbus Bar Association, Ohio Association for Justice, and the American Association for Justice. He is licensed to practice law in all Ohio state courts, Florida, and Ohio’s federal courts, The United States District Courts for the Northern and Southern Districts of Ohio, Southern District of Florida, the federal Sixth Circuit Court of Appeals, and the Supreme Court of the United States. He ran for State Representative for Ohio’s 21st District in 2018 and ran for Ohio’s State Senate in 2020.

Troy started www.foreclosure.win in 2021 to help people defend foreclosure without a lawyer.

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