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Financial Institutions Litigation & Investigations

Our team of financial institutions litigators and advisors has the technical and industry knowledge to handle the most complex cases. We understand the regulatory landscape and represent national and regional banks, loan servicers, brokers and lenders in litigation and investigations in the Northwest and nationally.  

Clients turn to us to represent them in high stakes matters because of our global perspective, our track record in court and our ability to resolve disputes swiftly. We work both as primary counsel and as local counsel on some of the largest and most complex cases in Washington, Oregon, Alaska and Idaho. Our representative clients include:

Banks Loan Servicers Lenders/Brokers
KeyBank Nation Start FNMA/FMCC
JPMorgan Chase SLS Nationstar Mortgage, LLC
Washington Federal       Litton Loan Servicing       SunTrust Mortgage, Inc.

 

We have extensive experience representing clients in litigation, class actions and investigations related to:

  • Consumer lending;
  • Debtor/creditor rights and bankruptcy;
  • Lender liability;
  • Uniform Commercial Code (UCC);
  • Trust and fiduciary services;
  • Commercial lending/financing;
  • Mergers and Acquisitions; 
  • Regulatory compliance;
  • Investment management; and
  • Corporate Governance.

We counsel clients on disputes and inquiries involving the:

  • Truth-in-Lending Act;
  • Fair Credit Reporting Act;
  • Fair Credit Billing Act;
  • Real Estate Settlement Procedures Act;
  • Fair Housing Act;
  • Equal Credit Opportunity Act;
  • Fair Debt Collection Practices Act;
  • Home Ownership and Equity Protection Act;
  • Racketeer Influenced and Corrupt Organizations Act; and
  • Various state consumer protection acts.

Our class action defense attorneys are widely respected and have defended more than 100 class action lawsuits in state and federal courts, and our team has been heavily involved in all aspects of Mortgage Electronic Registration Systems (MERS) litigation.

In many cases, we have been able to negotiate outcomes short of litigation. We work with clients to develop a strategy to resolve matters as quickly as possible with the best possible terms, whether that is through arbitration, pre-litigation, trial or appeal.

Investigations

We have defended clients against regulatory departments and enforcement actions by the:

  • Department of Justice;
  • Consumer Financial Protection Bureau;
  • Attorneys General Offices; and
  • Department of Financial Institutions (Washington and Oregon).

Clients appreciate our responsiveness, practical advice and familiarity with working with regulators throughout investigations.

Full Service

 We leverage the substantive experience across Lane Powell’s other practice areas relevant to financial institutions, among them:

  • Antitrust;
  • Corporate, Securities and M&A;
  • Real Estate;
  • ERISA;
  • Intellectual Property;
  • Employment;
  • Privacy and HIPAA Compliance; and
  • Tax Law (both state and federal)

Contacts

  • John S. Devlin
    D.206.223.6280
    devlinj@lanepowell.com
  • Pilar C. French
    D.503.778.2170
    frenchp@lanepowell.com

Related Practices & Industries

  • Class Actions
  • Commercial Litigation
  • Corporate, Securities, and M&A
  • Creditors' Rights & Bankruptcy
  • ERISA, Life, Health & Disability
  • Fiduciary Litigation
  • Finance & Banking
  • Government Law
  • Intellectual Property Litigation
  • International Arbitration
  • Investigations, Compliance & White Collar
  • Labor, Employment & Benefits
  • Litigation
  • Privacy & Data Security
  • Real Estate
  • Securities & Corporate Governance Litigation
  • Tax

Get to Know Us

Experience

  • Douglas v. ReconTrust Company, N.A.
    U.S. District Court, Western District of Washington
    Class action alleging violation of Washington Consumer Protection Act.
  • Capitol West v. Countrywide Home Loans, Inc.
    U.S. District Court, Western District of Washington
    Class action, RICO.
  • Beyer v. Countrywide Home Loans, Inc.
    U.S. District Court, Western District of Washington
    Class action, mortgage contract.
  • Palavalli v. Bank of America, N.A.
    U.S. District Court, Western District of Washington
    Class action, mortgage contract.
  • Kauhi v. Countrywide Home Loans, Inc.
    U.S. District Court, Western District of Washington
    Civil RICO.
  • Wright v. AMC Mortgage Services, Inc.
    Class action, mortgage contract.
  • Contos v. National Bank Escrow Company LLC
    Case No. C08-838ZU.S. District Court, Western District of WashingtonSeattle, Washington
    Represented National Bank Escrow in a putative class action lawsuit claiming violation of RESPA section 8(a) (12 U.S.C. § 2607(a)), the Washington Consumer Protection Act, and breach of fiduciary duty.
  • Brandrup v. ReconTrust Co., N.A.
    Case No. S060281Oregon Supreme Court
    Represented Bank of America and numerous other players in the mortgage industry in cases referred to the Oregon Supreme Court from the U.S. District Court for the District of Oregon. arising out of the mortgage foreclosure crisis.
  • FINRA Arbitration for Broker-Dealer, Financial Advisor and Sales Assistant
    Case No. 10-05313 FINRASeattle, Washington
    Defended major broker-dealer, nationally recognized financial advisor and highly capable sales assistant against claims that they had a duty to halt the aggressive trading and borrowing by another firm’s representative, who lost a $26M fortune amassed by his grandfather.  Obtained complete dismissal. 
  • Liberty Financial Group, Inc. FDIC Litigation
    Representing the former directors and officers of a failed bank, Liberty Financial Group, in connection with the Federal Deposit Insurance Corporation's allegations that the directors and officers breached their fiduciary duties, which breaches the FDIC alleges ultimately caused the Bank's failure.
  • Rapid Funding Group, Inc. v. KeyBank NA
    Case No. CV07-1348 PK
    Defended KeyBank against an action by Rapid Funding Group to recover damages based on representations and warranties allegedly made by KeyBank in conjunction with loans by RFG to third-party Trade Base Equipment.
  • Thacker v. Dean Witter Reynolds Inc.
    Case No. C91-962DU.S. District Court, Western District of WashingtonSeattle, Washington
    Defended brokerage firm and local account executive in suitability case alleging federal and state securities act violations, RICO and other statutory and commonlaw liability. Procured dismissal of RICO claims on summary judgment and favorable settlement. 

Our Insights

  • January 1, 2021News
    Lane Powell Elects New Shareholders and Counsel to the Firm
    Firm Announcement
  • August 17, 2020Publication
    Oregon Banks Challenge Constitutionality of HB 4204
    COVID-19 Resource
  • April 27, 2020Publication
    Will Congressional Amendments to the CARES Act Actually Help 'Mom and Pop' -Sized, and Women and Minority-Owned, Small Businesses?
    COVID-19 Resource
  • April 23, 2020Publication
    Potential Lender Liability Under the CARES Act
    COVID-19 Resource
  • March 28, 2020Publication
    Why Everyone CARES About SBA Loans: Paycheck Protection Program and Economic Injury Disaster Relief for ‘Small’ Businesses
    COVID-19 Resource
  • March 23, 2020Publication
    Small Businesses in Oregon and Washington May Be Eligible for Economic Injury Disaster Loans Due to COVID-19
    COVID-19 Resource
  • November 1, 2019News
    US News – Best Lawyers® Ranks Lane Powell Among Nation’s Top Law Firms for 2020
    Awards & Honors
  • August 8, 2019Event / CLE
    Bank Fraud and Other Litigation Trends
    Oregon Banker’s Association | Salem, Oregon
  • August 4, 2019News
    In Memory of Malcolm C. Lindquist
    Firm Announcement
  • July 1, 2019News
    Devlin Featured in Super Lawyers Magazine Article ‘Call of Duty’
    In the News
  • November 1, 2018News
    US News – Best Lawyers® Ranks Lane Powell Among Nation’s Top Law Firms for 2019
    Awards & Honors
  • August 15, 2017News
    Fifty-nine Lane Powell Attorneys Named in The Best Lawyers® in America 2018
    Awards & Honors
  • June 4, 2017Event / CLE
    The Gotchas That Getcha: Selected Loan Documentation Issues Involving Third Parties
    Association of Commercial Finance Attorneys | Richmond, Virginia
  • December 1, 2016Publication
    New Uniform Power of Attorney Act, Effective January 1 (Bankers’ Edition)
    Financial Institutions Legal Update
  • October 19, 2016Publication
    Puget Sound Area Should Get in on Fintech Revolution
    Puget Sound Business Journal
  • August 17, 2016News
    Fifty-one Lane Powell Attorneys Named in The Best Lawyers in America® 2017
    Awards & Honors
  • May 3, 2016Event / CLE
    When Obscure Laws Attack! A Discussion of Traps for the Unwary Commercial Lender
    Risk Management Association | Seattle
  • April 27, 2016News
    Seidenstein Joins Lane Powell’s Real Estate Practice Group
    Firm Announcement
  • March 24, 2016Publication
    US Supreme Court Fails to Resolve Guarantors’ Status Under ECOA
    Financial Institutions Legal Update
  • February 29, 2016News
    Fox Elected as Fellow of the American College of Commercial Finance Lawyers
    Awards & Honors
  • October 20, 2015Publication
    Third Circuit Upholds Certification in Mortgage Loan Case
    American Bar Association Section of Litigation
  • August 17, 2015News
    Forty-eight Lane Powell Attorneys Named in The Best Lawyers in America® 2016
    Awards & Honors
  • June 12, 2015News
    Thirty-two Lane Powell Attorneys Named ‘Washington Super Lawyers’ and 11 Named as ‘Washington Rising Stars’
    Awards & Honors
  • January 8, 2015Publication
    Washington Supreme Court Affirms Washington Federal v. Gentry and Confirms Lenders’ Right to Obtain Deficiency Judgments Against Guarantors Following Nonjudicial Foreclosure
    The Supreme Court of the State of Washington
  • December 29, 2014Publication
    State Supreme Court Rules on Scope of B&O Tax Mortgage Interest Deduction
    Issues and Answers
  • October 21, 2014Publication
    Banks and the EB-5 Funds: Look Before You Leap
    Issues and Answers
  • August 27, 2014Publication
    Lean Six Sigma: Are You and Your Vendors Sufficiently Focused on Process Improvement?
    Washington Bankers Association Issues and Answers Magazine
  • August 18, 2014News
    Fifty-One Lane Powell Attorneys Named in The Best Lawyers in America® 2015
    Awards & Honors
  • August 2014Publication
    Residential Trust Deeds and Mortgages; Foreclosure
    Oregon State Bar’s Oregon Statutory Time Limitations Guide
  • July 9, 2014News
    Fifteen Lane Powell Attorneys Named ‘Oregon Super Lawyers’ and Five Named as ‘Oregon Rising Stars’
    Awards & Honors
  • June 11, 2014Publication
    Washington Court of Appeals Confirms Lenders’ Right to Obtain Deficiency Judgments Against Guarantors Following Nonjudicial Foreclosure of Commonly Used Form of Deed of Trust
    Community Banker
  • June 14, 2013News
    Thirty-Six Lane Powell Attorneys Named ‘Washington Super Lawyers’ and Sixteen Named as ‘Washington Rising Stars’
    Awards & Honors
  • August 9, 2011News
    Thirty-six Lane Powell Attorneys Listed as Top Lawyers in Seattle Metropolitan Magazine
    Awards & Honors

Before proceeding, please note:  If you are not a current client of Lane Powell PC, please do not include any information in this email that you or someone else considers to be confidential or secret in nature.  Prior to the establishment of a lawyer-client relationship, unsolicited emails from non-clients containing confidential or secret information cannot be protected from disclosure.

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