Evan A. Moeller, who considers himself a dual native of Jackson, Mississippi and New Orleans, Louisiana, graduated from the University of Mississippi in 2001 and St. John's University School of Law in 2005.

Mr. Moeller has extensive experience defending large financial institutions and loan servicers against claims brought by consumers and borrowers under various theories of lender liability, including Breach of Contract, Fraud, Negligence, Negligent Misrepresentation, Breach of Fiduciary Duty, Deceptive Trade Practices and Wrongful Foreclosure.  Mr. Moeller also regularly advises financial institutions on issues related to garnishment, attachment and restitution liens, having represented leading financial institutions in thousands of cases involving levies upon their customers' accounts.

Mr. Moeller has also represented both plaintiffs and defendants in the oil and gas, consulting, construction and engineering industries, as well as high net worth individuals in trusts and estates litigation.  In addition, Mr. Moeller has represented investors in bringing claims under the Texas Securities Act and other business interests in cases involving various business torts, including Business Disparagement and Tortious Interference. 

Mr. Moeller has tried cases to juries in both federal and state court, having handled cases in every United States District Court in Texas, the Central District of California and dozens of Texas jurisdictions. 

Representative Matters:

• Won summary judgment as an Intervenor on behalf of lender in Johnson County, Texas declaring lender's home equity lien valid and awarding lender 100% of insurance proceeds after collateral was destroyed by fire.  Plaintiff, who had been awarded title to the property in prior litigation against borrower, sought a declaratory judgment declaring lender's home equity lien invalid and for the insurance proceeds through her current title.
• Won summary judgment on behalf of lender in Jefferson County, Texas on all of Plaintiff's claims including breach of contract, DTPA, negligence, negligent misrepresentation, fraud, fraudulent misrepresentation and conspiracy.  Plaintiff, who had an escrow account with lender, brought suit against lender, her insurance agent and an adjuster retained by the insurance agent after her Windstorm coverage lapsed prior to Hurricane Ike.
• Won summary judgment on behalf of loan servicer in Galveston County, Texas on all of Plaintiffs' claims including breach of contract and for declaratory judgment, as well dissolution of temporary injunction enjoining foreclosure.  Plaintiffs alleged that loan servicer agreed not to foreclose during the pendency of their loan modification application.
• Won summary judgment on behalf of lender in Tarrant County, Texas on all of Plaintiffs' claims including breach of contract, negligence, gross negligence, DTPA, fraud, fraudulent misrepresentation, negligent misrepresentation and breach of fiduciary duty.  Borrowers brought suit after refinance loan proceeds were disbursed to an inferior lien holder, resulting in foreclosure by the superior lien holder; also won summary judgment on lender's counterclaim for breach of contract pursuant to which lender was awarded $78,991.57 plus attorney's fees.
• Won summary judgment on behalf of title services company in Tarrant County, Texas on all of Plaintiffs' claims including negligence, DTPA, and breach of fiduciary duty.
• Won summary judgment on behalf of loan servicer in Harris County, Texas on all of borrower's claims including breach of contract, DTPA, violations of the FDCPA, violations of the TDCA, fraud and negligent misrepresentation arising from borrower's assertion that loan servicer agreed not to foreclose during the pendency of his loan modification application.  Court awarded loan servicer 100% of Plaintiff's bond following dissolution of temporary injunction enjoining eviction.
• Persuaded trial court in Wichita County, Texas to reverse its own contempt order against large financial institution for failure to turn over funds pursuant to turnover order.
• Persuaded trial court in Harris County to jail Respondent for repeated discovery abuses in failing to produce documents.
• Persuaded borrower to enter into agreed judgment that she take nothing on her claims for breach of contract and for a declaratory judgment and that lender be awarded judgment on its counterclaim for judicial foreclosure of lender's home equity lien plus attorney's fees on eve of trial in Harris County, Texas.
• Won dismissal of all of Plaintiff's claims under the FDCPA in the Western District of Texas on behalf of third party debt collector.
• Won dismissal of all of Plaintiff's claims under the FDCPA in the Southern District of Texas on behalf of third party debt collector.
• Defended large financial institution at jury trial in Dallas County, Texas.  Jury returned a verdict generally favorable to Plaintiff card holder and her authorized user on their breach of oral contract and libel claims.  Previously obtained summary judgment on financial institution's counterclaim for breach of contract on the same facts.  Case is currently on appeal.
• Won take-nothing verdict in the Central District of California on behalf of debt buyer after jury trial on ten counts brought by consumer under the Federal Fair Debt Collection Practices Act and California Rosenthal Fair Debt Collection Practices Act.  Persuaded the court to allow the jury to determine whether voicemails constituted "communications" under the FDCPA, notwithstanding precedent to the contrary from the Central District of California and Second Circuit Court of Appeals.
• Obtained $500,000.00 cash on behalf of group of investors in Travis County, Texas for violations of the Texas Securities Act.
• Obtained $300,835.99 cash in addition to attorneys' fees on behalf of engineering company in the Southern District of Texas for breach of contract in providing high temperature coating and overlay services.
• Obtained $300,000.00 cash on behalf of engineering company in Harris County, Texas for breach of contract in connection with the development, maintenance and operation of pipelines and underground storage facilities.
• Won death penalty sanctions totaling $257,880.00 on behalf of consulting firm in the Eastern District of Texas for Defendant's repeated discovery abuses in breach of contract case involving strategic development of radiolabeled pharmaceuticals.
• Obtained temporary restraining order and temporary injunction on behalf of lender in Harris County, Texas, trapping all rents payable by tenants in apartment complex.  Persuaded court to allow substituted service on apartment complex owners by e-mail after demonstrating, by way of borrowers' Facebook posts, that they were vacationing in Paris while in default on their mortgage.
• Won summary judgment on behalf of lender in Harris County, Texas on all of borrowers' claims, including breach of contract and for a declaratory judgment; also won summary judgment on lender's counterclaim for judicial foreclosure plus attorney's fees.

Distinctions:

• Mr. Moeller is one of the youngest members of the Texas Bar Foundation, an honor reserved for one-third of one percent of members of the State Bar of Texas, and two-thirds of whose honorees have been licensed for more than twenty years.
• Mr. Moeller was named one of Houston's top lawyers for financial services litigation by H Texas Magazine in 2012.

Mr. Moeller may be contacted by telephone at (713) 220-9163 or e-mail at emoeller@hirschwest.com.