Financial Institution Litigation

Overview

Parsons Behle & Latimer's attorneys represent regional, national and international clients engaged in a wide variety of financial services. We represent some of the largest banks in the United States as well as community banks, private lenders, credit unions and other parties involved with financial services.

We are experienced in handling disputes involving lender liability claims, mortgage transactions, consumer finance, credit card and deposit accounts, judicial and non-judicial foreclosures, quiet title actions, letters of credit, check fraud and commercial paper disputes. Our litigators also represent financial services firms in regard to SEC enforcement actions, regulatory investigations, and whistle-blower actions.

Team

Key Contacts

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Experience

Idaho Supreme Court – Successful Defense of Lender Liability Claims

Represented Chase Bank and successfully obtained summary judgment against claimants who raised multiple counterclaims including bad faith and predatory lending. The Supreme Court upheld the district court granting the lender’s motion for summary judgment and denied the borrowers’ motion to amend the counterclaims to add a fraud claim. The Supreme Court awarded Chase attorney fees on appeal.

Idaho Supreme Court – Successful Defense of Real Property Quiet Title Claims

A landowner brought suit against Parsons Behle & Latimer's lender client to extinguish a deed of trust that was recorded against the landowner's property. The landowner claimed that the lender's time to foreclose the deed of trust had expired. The district court denied a motion to enter default judgment in favor of the landowner, finding, among other things, that the statute of limitations to foreclose the deed of trust had not run. The district court entered a judgment dismissing the landowner's suit. The Supreme Court affirmed the district court's judgment.

Idaho Supreme Court – Successful Defense of Claims of Regulatory Violations (12 C.F.R. § 1024.41(g) – Regulation X)

Represented US Bank obtaining a judgment and prevailing on appeal to the Idaho Supreme Court. After the borrower defaulted on her Sun Valley vacation property. The borrower initiated against U.S. Bank to enjoin the foreclosure sale based on allegations of regulatory and technical sale violations. Cost and fees awarded to client.