Creditor Litigation

The recent mortgage crisis brought significant new federal, state and local regulations aimed at preventing fraud and abuse and helping consumers resolve their debts.   Unfortunately for lenders, servicers and others in the mortgage business, these regulations created a myriad of new requirements, which are not easily navigated and, at times, inconsistent.  While new regulations have not been as dramatic on the commercial side, the many years of increased activity—from loan defaults to breaches of contracts and leases—have increased the wariness of lenders and other contracting parties.

Key Contacts

R. Chad Pugh Partner Salt Lake City, UT
Justin B. Palmer Partner Salt Lake City, UT
Thomas A. Woods Partner Sacramento, CA
Kenneth P. Childs Of Counsel Portland, OR
See all contacts
Overview

We represent banks and other institutional lenders against debtor claims alleging violations of consumer protection statutes, and we assert creditors’ rights to recover amounts owed by a debtor—whether negotiated resolution or proceedings in state or federal court and on appeal. As is the case in any proceeding, we aggressively pursue resolution for  our client, from pre-litigation negotiations through  requests for preliminary relief, receiverships, dispositive motion and trial.  We also represent clients in settlement conferences, mediation and other alternative dispute resolutions.  Our efforts do not end with obtaining judgment—we also assist clients with collection efforts through foreclosure, garnishment and other efforts to recover assets.  We act as zealous advocates for our clients while striking the appropriate balance between negotiation, compromise and pursuit through litigation.  We are also adept at handling creditor claims in bankruptcy.

When disputes surrounding debtor-creditor relationships cannot be resolved outside of court, our attorneys pilot you through state or federal litigation proceedings to protect your interests. We’ll help establish the amount of the debt, resolve any competing claims, defend against liability claims and collect what is owed.

Our Services

  • Defense of lender liability claims
  • Collection litigation
  • Intercreditor disputes
  • Fraudulent transfer recovery
  • Lien foreclosures
  • Collection of judgments, including executions and garnishments
  • Foreclosures of liens against real, personal and UCC Article 9 property
  • Receivership actions and representation
  • Reclamation claims and disputes
  • Breach of lease and commercial evictions

In addition to resolving disputes related to recovering assets, we defend financial institutions and their officers in lender-liability disputes filed in state or federal court including appeals.

Matters
  • Represented regional bank in numerous foreclosure and breach of guaranty actions related to defaults on commercial loans.
  • Represented national loan servicer in numerous actions in Oregon, Washington, California, Utah, Idaho, and Alaska related to defaults on residential loans.
  • Defended various loan servicers against debtor claims alleging violations of the Truth in Lending Act, the Real Estate Settlement Procedures Act, the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, and state unfair trade practices statutes.
  • Represent developer and owner of large retail holdings in breach of lease and eviction matters.
Team
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