LAW REFORM

Law Reform & Legislative Advocacy

For nearly four decades, Scott C. Borison has worked to advance consumer protection not only through litigation, but also through legislative advocacy and professional education.

His work has included testimony before the Maryland General Assembly, participation in foreclosure-law reform, and litigation applying and testing newly enacted consumer protections.

Protection of Homeowners in Foreclosure Act (PHIFA)

Scott participated in developing Maryland’s Protection of Homeowners in Foreclosure Act, testified before the Maryland General Assembly in support of the legislation, and later represented homeowners in early PHIFA litigation testing the statute’s scope, enforcement, and constitutionality.

Early PHIFA Litigation

Bellinger v. Sydnor — early litigation involving a constitutional challenge to PHIFAEyler v. 3 Vista Court LLC — PHIFA, TILA, and RICO litigation arising from a foreclosure-rescue transactionParsons — significant PHIFA trial-level result

2008 Maryland Foreclosure Reform

Scott was heavily involved in Maryland’s 2008 foreclosure-law reform efforts. Those reforms arose during the foreclosure crisis and addressed problems being exposed in litigation, including the issues presented in Griffin v. Bierman and Poku v. Friedman. The Maryland Court of Appeals itself noted in Griffin that foreclosure policy reforms were then actively before the General Assembly and the Executive Branch.

The General Assembly also introduced the “Richard Atta Poku Foreclosure Defense Act,” aimed at foreclosure appeal and supersedeas-bond issues highlighted by the Poku case. Mr. Poku later attended the Governor’s signing ceremony for the broader foreclosure reform package.

Education Following the Reforms

After the new foreclosure laws were enacted, Scott lectured about the changes and their implementation, including at the Maryland Judicial Conference and in other professional education programs.

Continuing Legislative Advocacy

Scott has continued to testify and participate in Maryland legislative matters involving consumer protection, debt collection, court procedure, and related issues.