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REPRESENTATIVE EXPERIENCE

Phoebe S. Winder

Defend large credit card issuer in US$100 million action brought by debt buyer of distressed credit card debt.
Provide day-to-day advice to servicers regarding consumer issues, including escrow, periodic statements, signing and filing requirements, proofs of claim, credit reporting, online account access to debtors, required legal notices, loss mitigation, violations of the automatic stay and discharge injunction, and disclosure of personal identifying information.
Assist bank servicer clients in connection with OCC exams and enforcement-related matters, and act as national counsel for several of the largest mortgage servicers in connection with government inquiries into credit card and mortgage servicing practices.
Served as national coordinating counsel for several large servicers in connection with the remediation of improperly redacted filings.
Oversaw a comprehensive certification program for several servicers, involving a detailed review of the filings of individual preparers.
Defended over 100 2004 exams initiated by the United States Trustees Program.
Acted as lead counsel in successful appeals before the Massachusetts Appeals Court and Supreme Judicial Court, centering on standing to sue, the client's status as a senior secured creditor, its attachment of real property, and various receivership issues.
Defended multiple servicers arising from orders to show cause, sanctions hearings, and findings of contempt.
Performed a comprehensive review of the bankruptcy operations of one of the largest bank servicers and assisted several other servicers in analyzing their bankruptcy departments’ operations, including on-site visits and written reports of findings.

Resolutions with the Executive Office for the United States Trustees (DOJ)

Large Credit Card Servicer (informal resolution, 2023-2024)
USAA Bank (Letter of Acknowledgement, October 13, 2022)
PNC Bank (Letter of Acknowledgement, December 3, 2020); PNC/UST
U.S. Bank (Memorandum of Understanding, December 3, 2020); US Bank/UST
Nationstar/Mr. Cooper (Memorandum of Understanding, December 3, 2020); Nationstar/UST
JPMorgan Chase (Consent Order/In re Belzak: Case no. 10-23963 (E.D. Mich. March 9, 2015))
CitiMortgage (Consent Order/In re Citi Replacement Filings, Case no. 11-00405 (S.D.N.Y. July 12, 2013))
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