William Heller, ESQ
Akerman LLP, Chief Legal Advisor
Bill Heller founded and chairs Akerman’s Consumer Financial Services, Data and Technology Practice Group (CFS+), among the largest national legal teams supporting consumer financial service providers and emerging technologies. Bill is also chair of Akerman’s Coronavirus Task Force, a collaboration among the firm’s industry-focused practice teams to help clients effectively manage the evolving challenges and mitigate the unprecedented risks arising from COVID-19. Active in firm leadership, Bill serves as a member of Akerman’s Executive Committee and Board of Directors. In addition to his significant practice and governance roles, Bill serves as Chief Legal Advisor to JFI Medical LLC, a group of nationally accomplished African American physicians and professionals dedicated to developing strategies for affording underserved communities access to premium medical products and services.
CFS+ lawyers—some former in-house and Consumer Financial Protection Bureau attorneys—lead, coordinate and consult on big stakes and high volume national litigation, federal and state examination, investigation and enforcement support, as well as regulatory compliance in all 50 states. A recognized authority and frequent speaker on litigation and compliance issues relating to loan origination, servicing and foreclosure process enhancements, Bill is ranked by Chambers USA, Benchmark Litigation, and Best Lawyers in America for financial services law.
As a litigator, Bill has extensive experience in state and federal courts throughout the country, both trial and appellate. He has partnered with industry leaders and the largest institutions defending lawsuits involving debt origination, servicing and investment. This includes individual and class consumer claims arising under federal laws—the Truth in Lending Act, Real Estate Settlement Procedures Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, Fair Housing Act, Telephone Consumer Protection Act, and Fair Debt Collection Practices Act—as well as state fair lending, collection, and deceptive trade practice laws. Bill and his team have built and managed all-state rapid response projects, providing risk management, issue escalation and direct case handling for loan and credit card servicers. Bill is an experienced jury trial and appellate oralist. He also established a team for investigating and recovering from mortgage fraud, litigating title-related disputes and pursuing foreclosure process abuse claims. And, Bill also leads investigations and litigation involving industry software, technology and trade secrets.
As a compliance lawyer, Bill advises financial services clients on operationalizing federal and state origination and servicing requirements, industry standards and best practices, court rules and local customs for origination, servicing and foreclosure. He has vast experience reviewing and implementing internal procedures, including conducting 50-state foreclosure process reviews, sworn document and notice updates and enhancements. Bill and the CFS+ team have leading-edge experience on foreclosure process holds and restart procedures, working closely with courts and regulators. As the leader of Akerman’s Coronavirus Task Force, Bill engages the pandemic’s constant challenges to businesses, workforces and supply chains, along with risk management across jurisdictions and business sectors.
Notable Work
- Representation of investor in appeal of final foreclosure judgment, raising a statute of limitations defense related to a previously dismissed foreclosure action and timing of the non-payment defaults asserted in the complaint. Bollettieri Resort Villas Condo. Ass’n, Inc. v. The Bank of New York Mellon, et al., 198 So. 3d 1140 (Fla. 2d DCA 2016), pending review by the Florida Supreme Court, Case No. SC16-1680.
- Representation of foreclosing plaintiff in appeal regarding application of the statute of limitations when a prior foreclosure action had been dismissed without prejudice. Nationstar Mortgage LLC v. Brown, 175 So. 3d 833 (Fla. 1st DCA 2015)
- Representation of servicer in appeal regarding verification of residential mortgage foreclosure complaint. BAC Home Loan Servicing, L.P. v. Stentz, --- So. 3d ---, 2012 WL 2362389 (Fla. 2d DCA June 22, 2012)
- Representation of investor in clarification of appellate decision and subsequent appeal regarding right of voluntary dismissal. Pino v. Bank of New York Mellon, 57 So. 3d 950 (Fla. 4th DCA 2011), argued, No. SC11-697 (Fla. May 10, 2012)
- Representation of investor in clarification of appellate decision regarding admissibility of business records. Glarum v. LaSalle Bank Nat’l Ass’n, 83 So. 3d 780 (Fla. 4th DCA 2011)
- Representation of lender and servicer in appeal regarding private right of action under the Home Affordable Mortgage Program. Nelson v. Bank of America, N.A., No. 11-11091, 2011 WL 5138591 (11th Cir. Oct. 31, 2011)
- Representation of investor in appeal regarding standing to enforce a promissory note. Harvey v. Deutsche Bank Nat’l Trust Co., 69 So. 3d 300 (Fla. 4th DCA 2011)
- Representation of lender in the defense of allegations of fraudulent inducement and negligent misrepresentation. Linville v. Ginn Real Estate Co., et al., Case no.: 6:08-cv-1327-35ORL-DA, 2010 WL 1063704, at *4 (M.D. Fla. March 10, 2010)
- Representation of lender in fraud and TILA claims. Infante v. Bank of America Corp., No. 09-21586, 2009 WL 5554641, *3 (S.D. Fla. Dec. 18, 2009), appeal docketed, No.10-10692-H (11th Cir. Feb. 17, 2010)
- Representation in complaint based on alleged overstatement of income on loan application and unsuitable loan theories. Zaffrullah v. Countrywide Home Loans, Inc., No. 09-cv-61142, 2010 WL 503074 (S.D. Fla. Feb. 8, 2010)
- Representation of lender in the defense of fraud and RICO claims based on alleged overstatement of income on loan application. Oglesbee v. IndyMac Fin. Servs. Inc., -- F. Supp. 2d --, 2010 WL 475130 (S.D. Fla. Feb. 8, 2010)
- Representation of servicer in adversary proceeding against creditor alleging slander of title, FDCPA, and FCCPA claims. Wynne v. Aurora Loan Services, LLC, -- B.R. --, 2010 WL 424604 (Bankr. M.D. Fla. Jan. 14, 2010)
- Representation of lender in addressing jury waiver in mortgage. Collins v. Countrywide Home Loans, Inc., -- F. Supp. 2d --, 2010 WL 55603 (M.D. Fla. Jan. 5, 2010)
- Representation of lender in addressing TILA, RESPA, and FCRA claims. Carrillo v. Bank of New York, No. 09-61642-CIV, 2009 WL 5708925 (S.D. Fla. Dec. 22, 2009)
- Representation of lender in addressing contractual jury waiver. Oglesbee v. IndyMac Fin. Servs. Inc., No. 4:09-cv-10087-JLK, 2009 WL 4981189 (S.D. Fla. Dec. 18, 2009)
- Representation of lender in alleged wrongful foreclosure. Raines v. GMAC Mortgage Co., No. 3:09-cv-00477, 2009 WL 4715969, (M.D. Fla. Dec. 10, 2009)
- Representation of lender in TILA, RESPA, ECOA, FCRA, and FDUTPA claims. Grinke v. Countrywide Home Loans, Inc., No. 08-23383-CIV, 2009 WL 2588746 (S.D. Fla. Aug. 24, 2009)
- Representation of servicer in demand for TILA rescission. Caballero v. Aurora Loan Services LLC, No. 6:09-cv-00660-MSS-GJK, 2009 WL 2488133 (M.D. Fla. Aug. 14, 2009)
- Representation in loan repurchase claim. Lehman Brothers Holdings, Inc. v. South Trust Funding, Inc., 8:09-cv-411-T-33MAP, 2009 WL 2169822 (M.D. Fla. July 20, 2009)
- Representation in TILA, RESPA ECOA, and FCRA claims. Insignares v. Countrywide Home Loans, Inc., No. 09-60128-CIV, 2009 WL 2444322 (S.D. Fla. July 15, 2009)
- Representation in TILA, RESPA ECOA, and FCRA claims. Ballerino v. Countrywide Home Loans, Inc., No. 09-20239-CIV, 2009 WL 2460739 (S.D. Fla. July 15, 2009)
- Representation in RICO, TILA, and RESPA claims based on “vapor money theory.” Johnson v. Deutsche Bank National Trust Co., No. 09-21246-CIV, 2009 WL 2575703 (S.D. Fla. July 1, 2009)
Published Work and Lectures
- Mortgage Bankers Association’s Legal Issues Conference, Speaker, “Servicing Issues Including TCPA Panel,” May 2017
- Mortgage Bankers Association’s Legal Issues Conference, Speaker, “Servicing Issues Including TCPA Panel,” May 2016
- Mortgage Bankers Association’s Legal Issues Conference, Speaker, “Servicing Issues Including TCPA Panel,” May 2017
- Mortgage Bankers Association’s Legal Issues Conference, Speaker, “Servicing Issues Including TCPA Panel,” May 2016
- Mortgage Bankers Association’s Legal Issues and Regulatory Compliance Conference, Speaker, “Mortgage Servicing Panel,” May 2015
- American Conference Institute’s (ACI’s) Residential Mortgage Litigation & Regulatory Enforcement Conference, Speaker, “Loan Servicing: Complying with New and Emerging Regulations, September 2013
- The Five Star Conference and Expo, Speaker, “The Policies of Foreclosure Compliance,” September 2013
- University of Southern California Gould School of Law, Presenter, “Law Practice in the U.S.,” August 2013
- Mortgage Bankers Association’s Legal Issues and Regulatory Compliance Conference, Speaker, “New Consumer Financial Protection Bureau Rules and Other Servicing Requirements,” May 2013
- American Conference Institute’s (ACI’s) 11th National Forum on Residential Mortgage Litigation and Regulatory Enforcement, Speaker, “Loan Servicing: Understanding and Complying with the New Servicing Regulations and Implementing Loss Mitigation Strategies,” April 2013
- Mortgage Bankers Association’s Regulatory Compliance Conference, Speaker, “Understanding the Compliance Concerns Raised by the New Servicing Proposals from the CFPB and the AG,” September 2012
- University of Southern California Gould School of Law, Co-Presenter, “Representing the Corporate Client,” July 2012
- Mortgage Bankers Association’s Legal Issues and Regulatory Compliance Conference 2011, Speaker, “Legal Issues Concerning Servicing and Foreclosure,” May 2011
Affiliations
- The Florida Bar, Member
- The Association of Credit and Collection Professionals, Member
Affiliations
- The Best Lawyers in America, 2015-2024, Listed in Florida for Financial Services Regulation Law
- Chambers USA, 2017-2023, Ranked Nationwide for Financial Services Regulation: Consumer Finance (Litigation)
- Super Lawyers Magazine, 2008-2010, 2013-2023, Listed in Florida for Business Litigation
- Benchmark Litigation, 2010-2023, Listed in Florida as a “Local Litigation Star” for General Commercial, Securities
- Chambers USA, 2006-2017, Ranked in Florida for Litigation: General Commercial
- Florida Trend’s Legal Elite, 2007, Listed for Litigation
- South Florida Business Journal 2005, Listed in “Best of the Bar”