In a landmark decision, the Tenth Circuit Court of Appeals recently upheld a lender’s ability to
Michael D. Mayfield

Mr. Mayfield is a trial lawyer with over thirteen years of experience in a broad range of commercial cases, including contract and commercial tort disputes, intellectual property, securities, real estate, and bankruptcy disputes. As part of his commercial litigation practice, a significant portion of Mr. Mayfield’s time is devoted to representing traditional commercial and consumer lenders and non-traditional creditors. He has successfully represented creditors in lender liability defense; all aspects of collection, foreclosure and loan workout; creditor’s rights litigation; instrument fraud and forgery cases and dishonest accountant litigation.
Mr. Mayfield maintains an AV Preeminent (4.9) rating with Martindale-Hubbell, which is the highest rating awarded to attorneys for professional competence and ethics. For the past five years, he has been named one of Utah’s "Legal Elite" in the category of Banking/Financial (as published by Utah Business Magazine). Mr. Mayfield has also been recognized in Mountain States Super Lawyers magazine's Rising Star Edition in 2008 and 2009. In 2010, the National Institute for Trial Advocacy (NITA) conferred Mr. Mayfield the NITA Advocate designation.
Mr. Mayfield is licensed to practice law in Utah and Idaho. He joined Ray Quinney & Nebeker in 1999 and is a shareholder and director of the firm. Mr. Mayfield has served on the Firm’s recruiting committee since 2002.
Representative Cases Include:
- Obtained the dismissal of several lawsuits brought against lenders and the Mortgage Electronic Registration System.
- Obtained summary judgment on behalf of a large regional bank dismissing multi-million dollar, lender liability claims arising from bank’s collection efforts.
- Defended bank against claims of discrimination and predatory lending practices. Nazarinia v. Washington Mutual Bank, Inc. 152 Fed.Appx. 711, 2005 WL 2600627 (C.A.10 (Utah)) (unpublished decision).
- Successfully represented a national bank in several cases arising from bank’s check processing practices.
- Successfully obtained a large administrative claim on behalf of a regional mining equipment company against a Chapter 11 debtor.
- Protected and enforced a judgment creditor’s lien in real property against a third party purchaser of the property. Chase Manhattan Bank v. Principal Funding Corp., 89 P.3d 109 (Utah 2004).
- Obtained a judgment against a depositor of a national bank whose account was overdrawn.
- Obtained a complete dismissal of claims brought against a national bank arising from bank’s money wiring practices.
- Obtained a seven figure summary judgment on behalf of regional oil company for breach of contract.
- Successfully defended local bank against claim brought by insurance underwriter alleging the bank’s check processing procedures violated the Utah Uniform Fiduciaries Act. Attorneys Title Guar. Fund v. Goodman, 179 F.Supp.2d 1268 (D. Utah 2001).
- Successfully defended a regional bank against claims brought by the employer of a dishonest bookkeeper.
- Successfully defended principals of business sued for issuing dishonored instruments.
- Represented automobile dealers in real estate, contract and tort litigation.
- Successfully represented Chapter 7 Trustee’s preference claim against a creditor who raised a novel “new value” defense. Rushton v. E&S International Enterprises, Inc. (In re Eleva, Inc.) 235 B.R. 486 (10th Cir.BAP 1999).
University of Utah, J.D., 1998
- Member, UTAH LAW REVIEW
- Traynor Moot Court Competition, semi-finalist
University of Utah, B.A., Communications, 1995
- Phi Kappa Phi
- Communications Department Honors and Scholarships
- Attorney, Jardine, Linebaugh & Dunn, Salt Lake City, Utah, 1998-1999
- Utah State Bar
- Idaho State Bar
- United States Court of Appeals, Ninth and Tenth Circuits
- United States District Court, Districts of Utah and Idaho
- Supreme Courts of Utah and Idaho
- Utah State Bar, Banking and Finance Section
- Salt Lake Chamber of Commerce
- Revisiting Expungement: Concealing Information In the Information Age, UTAH LAW REVIEW 1057 (1997).
Forty-two Ray Quinney & Nebeker attorneys are named "Utah's Legal Elite," an impressive list
AV® Preeminent ™ and BV® Distinguished™ are certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the Bar and the Judiciary. Martindale-Hubbell Peer Review Ratings fall into two categories - legal ability and general ethical standards.

