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Phoebe S. Winder

Provide day-to-day advice to a number of mortgage servicers regarding consumer bankruptcy issues, including proofs of claim, payment change notices, post-petition fee notices, bankruptcy escrow, periodic statements to debtors, bankruptcy credit reporting, online account access to debtors, responses to notices of final cure, motions for relief from stay, bankruptcy loss mitigation, violations of the automatic stay and discharge injunction, and disclosure of personal identifying information as it relates to debtors in bankruptcy.
Assist bank services clients in connection with bankruptcy-focused OCC exams and enforcement-related matters.
Served as national coordinating counsel for a bank servicer in connection with a government investigation into bankruptcy servicing practices, leading up to the entry of the National Mortgage Settlement, and assisted on bankruptcy compliance as it relates to the National Mortgage Settlement.
Oversee a comprehensive bankruptcy certification program for several mortgage servicers, involving a review of the work product of individual preparers of proofs of claim, post-petition fee notices, and payment change notices in order to determine whether the preparers possess the substantive skills necessary to prepare such documents.
Defended in excess of one hundred 2004 exams initiated by the United States Trustees Program.
Served as lead counsel in successful appeals before the Massachusetts Appeals Court and Supreme Judicial Court, centering on the client's status as a senior secured creditor, its attachment of real property, and various receivership issues.
Serve as national coordinating counsel for several large servicers in connection with the remediation of improperly redacted bankruptcy filings.
Handled numerous loan-level adversary proceedings relating to mortgage servicing and origination, including debtor actions involving allegations of wrongful disclosure, fraud, and unfair and deceptive practices.
Coordinate, on a national level, all litigation relating to payment change notices for one of the largest mortgage servicers, including loan-level litigation, show-cause orders, and inquiries by chapter trustees and United States Trustees.
Serve as national counsel for 5+ of the largest mortgage servicers in connection with government inquiries into bankruptcy servicing practices.
Defended multiple servicers in bankruptcy courts arising from loan-level 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)

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
Wells Fargo (Consent Order/In re Green: Case no. 11-33377 (D. Md. Nov. 5, 2015));
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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