Stephen C. Tingey

Mr. Tingey has practiced in the area of banking, financial institutions, and creditor representation for over 20 years. He has represented traditional commercial, consumer and real estate lenders, as well as non-traditional lenders. That representation includes loan documentation, loan workout, foreclosure and litigation to enforce creditor rights. Mr. Tingey has significant expertise with Uniform Commercial Code issues as well as real estate finance issues. His representation includes significant experience representing secured creditors with real estate collateral and personal property collateral in bankruptcy court and state court proceedings, including before the appellate courts in Utah.

Mr. Tingey also has extensive experience defending banks and lenders in litigation, including defense of consumer financial services class action litigation. That representation has included class actions involving mortgage loan servicing practices, truth-in-lending disclosures and banking fees.

Mr. Tingey maintains an AV Preeminent (5.0) rating with Martindale-Hubbell, which is the highest rating awarded to attorneys for professional competence and ethics and has been included on the list of The Best Lawyers in America in Banking and Finance.  He has also been voted by his peers throughout the state as one of Utah's "Legal Elite" in the category of Banking / Financial Law (as published by Utah Business Magazine).

REPORTED DECISIONS

U.S. Bank Nat. Ass’n v. HMA, L.C., 169 P.3d 433 (Utah 2007) (dealing with the timeliness of a payor bank’s return of an item by highly expeditious means, and the right of the depository bank to charge back the returned item).

Ramsey v. Hancock, 79 P.3d 423 (Ut. Ct. App 2003) (depository bank owes no duty to a non-customer payee of a check)

APS v. Briggs, 927 P.2d 670 (Ut. Ct. App 1996) (dealing with the effect of bankruptcy filings and the one-action rule on statutes of limitations to pursue creditors’ claims)

City Consumer Services v. Peters, 815 P.2d 234 (Utah 1991) (one-action rule and deficiency statute do not apply to junior lienholder foreclosed out by senior lienholder)