K&L Gates LLP
Phoebe Winder focuses her practice on mortgage banking and consumer finance litigation, and the defense of consumer class actions.
As a member of the firm’s class action litigation defense and consumer financial services practice groups, Ms. Winder has defended a variety of lenders, servicers and financial institutions in class actions and other lawsuits across the country. She has litigated cases arising under the Truth in Lending Act, the Real Estate Settlement Procedures Act, the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, state unfair and deceptive practice statutes and common law. Ms. Winder has handled lawsuits involving a wide array of origination, servicing, foreclosure and bankruptcy practices, including assignments of mortgage and standing to foreclose, adequacy of proofs of claim filed by mortgage creditors, various disclosure requirements, yield spread premiums, predatory lending practices, priority of secured creditors, property attachments, title disputes, and consumer lending statutes and regulations.
Ms. Winder’s recent representations include:
- Serve as national coordinating counsel for a large mortgage servicer in connection with a government inquiry into bankruptcy servicing practices.
- Represent the Mortgage Bankers Association in the filing of an amicus brief in a pending appeal before the Arizona Supreme Court (Vasquez v. Saxon Mortgage, Inc., et al.) involving chain of title and standing to foreclose.
- Co-authored white paper issued by the American Securitization Forum entitled “Transfer and Assignment of Residential Mortgage Loans in the Secondary Mortgage Market.”
- Obtained the dismissal of all California state law claims in Option ARM class action, based on preemption under the Home Owners’ Loan Act.
- Obtained the dismissal of a class action, in a case of first impression involving the preemptive scope of the Homeowners Protection Act.
- Defended loan servicer in three class actions in New York involving alleged untimely escrow payments.
- Obtained the dismissal in Bankruptcy Court of two separate mortgage-origination actions concerning allegations of wrongful disclosure, fraud, and unfair and deceptive practices.
- Represented investors in appeal to the Supreme Judicial Court of the Massachusetts Land Court’s decisions in U.S. Bank National Bank, as Trustee v. Ibanez and Wells Fargo Bank, N.A., as Trustee v. LaRace.
- Served as lead counsel in a successful appeal before the Massachusetts Appeals Court, centering on the client's status as a senior secured creditor, its attachment of real property and various receivership issues.
She has a J.D. from University of Michigan, 1994 (Editor, Michigan Journal of International Law) and B.A. at Vanderbilt University, 1991 (Phi Beta Kappa).