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Phoebe S. Winder

Partner
+1.617.261.3196
Fax +1.617.261.3175

Phoebe Winder focuses her practice on bankruptcy consumer finance matters.

As a member of the firm’s consumer financial services and financial services litigation practice groups, Ms. Winder has represented a variety of servicers, lenders, and other financial institutions in connection with consumer bankruptcy practices. Ms. Winder currently serves as national bankruptcy coordinating counsel for several of the largest mortgage banking servicers.

Ms. Winder’s recent representations include the following:

  • Serve as national coordinating counsel for three of the largest mortgage servicers in connection with government inquiries into bankruptcy servicing practices.
  • Provide day-to-day advice to a number of mortgage servicers regarding consumer bankruptcy, including issues relating to proofs of claim, payment change notices, post-petition fee notices, bankruptcy escrow, monthly 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.
  • 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.
  • Negotiated several large settlements with the United States Trustees’ Program relating to bankruptcy servicing practices.
  • Defended, on behalf of multiple clients, in excess of one hundred 2004 exams initiated by the United States Trustees’ Program.
  • Oversaw the remediation of over 150,000 bankruptcy filings in 94 bankruptcy jurisdictions.
  • Advise on all aspects of bankruptcy escrow, including handling of prepetition arrearages, calculation of post-petition escrow amounts, filing of escrow-related payment change notices, running of annual escrow analyses in bankruptcy, and the preparation of escrow for purposes of proofs of claim.
  • 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.
  • Counsel mortgage servicers on sworn document execution (signing and filing) of bankruptcy documents, including local rules and ECF filing requirements relating to the same.
  • Served as national coordinating counsel for two large bank servicers in connection with the remediation of improperly redacted bankruptcy filings.
  • Defended multiple servicers in bankruptcy courts arising from loan-level orders to show cause, sanctions hearings, and findings of contempt.
  • 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.
  • 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.
  • Advise clients on recent changes to bankruptcy forms and rules.
  • 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.
  • 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.

In addition to her bankruptcy work, Ms. Winder has over 20 years of experience in litigating 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, and foreclosure 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.

Achievements

  • 2011–2014 Super Lawyer (Banking)

Professional/Civic Activities

  • Trustee, Henry Kendall Foundation

Speaking Engagements

  • 3rd Annual Mortgage Regulatory Forum: Speaker: CFPB’s New Servicing Rules: Examining the Interplay Between Error Resolution/Information Request, Transfer of Servicing, Servicing File and Emerging Litigation Risks, Arlington, Virginia, September 23–24, 2013.