F. Wendell Allen

Listed in The Best Lawyers in America® Financial Services Regulation Law, 2015-2024 Litigation – Real Estate, 2021-2024 Land Use and Zoning Law, 2023-2024 Litigation – Banking and Finance, 2023-2024 "Lawyer of the Year," Birmingham, Litigation – Real Estate, 2023 Listed in Benchmark Litigation, "Future Star," Alabama, 2013-2016, 2018-2021  "Litigation Star," 2023-2024 Listed in Mid-South Super Lawyers, 2022 Personal Injury – Products: Defense, 2017 Business Litigation, 2018-2023 Martindale-Hubbell® AV Preeminent Rated SunTrust Banks, Inc., FDIC No. 11-0021-B-HC, 11-021-B-SM, 11-021-B-DEO (April 13, 2011) Served as lead independent legal counsel in support of SunTrust’s Independent Foreclosure Review required under the National Mortgage Settlement entered into between the nation’s largest mortgage servicers and various state and federal regulatory and enforcement bodies. United States v. Bank of America, et al. Represented Ally Financial, Inc., Residential Capital, LLC, and GMAC Mortgage in the largest national joint state/federal government settlement in history. The matter involved 49 state attorneys general, 48 state banking departments, the Department of Justice, the Department of Treasury, the Department of Housing and Urban Development, the Consumer Financial Protection Bureau, and the Federal Trade Commission. California Department of Business Oversight v. Ocwen Loan Servicing, LLC, Case No. 413-0544, before the Department of Business Oversight of the State of California Represented Ocwen Mortgage Corp. in developing and implementing remediation protocols in response to alleged errors with certain servicing functions. Wendell also coordinated Ocwen’s compliance efforts in response to the California Department of Business Oversight’s mandated monitorship of the company. United States of America v. Evolve Bank & Trust, United States District Court for the Western District of Tennessee, 2:16-cv-02040-SHM-tmp Represented Evolve Bank & Trust in defense and ultimate settlement of an enforcement action brought by the United States Department of Justice alleging discrimination on the basis of disability and public assistance. Average compensation to borrowers was approximately $1,750. Letter dating remediation Assisted large mortgage servicer in the assessment, disclosure and remediation of alleged widespread errors in the dating of borrower correspondence. Engagement included crafting of disclosures to regulators and other interested parties, as well as the design and implementation of a remediation program in the form of consumer claims framework. Mock examinations and risk assessments Engaged by numerous mortgage servicing and origination clients to perform mock regulatory examinations and risk assessments of client systems, policies, procedures, practices, and Compliance Management Systems. Engagements often included developing and implementing remediation programs in response to findings identified in mock examinations. CFPB examination support Engaged by numerous clients to provide legal support in response to CFPB Examinations and CIDs. Engagements include responding to CFPB findings, MRAs, PARR letters and enforcement actions. GMAC robo-signing remediation Retained by GMAC Mortgage and Ally Financial to investigate and remediate the company’s document execution policies, procedures, and practices in response to robo-signing allegations. Defense of Household Finance Corporation Represented Household Finance Corporation in its defense of individual and putative class actions filed against it asserting claims of fraud and breach of contract related to origination and servicing issues across state of Alabama. Georgia Commercial Stores, Inc. v. Chicago Title Insurance Company and Land Title Company of Alabama, CV 08-902869 (Circuit Court of Jefferson County, Ala.) Represented commercial land owner in asserting a claim on a title insurance policy wherein the title company failed to disclose or exclude two previous mortgages of record for the property from coverage. After written discovery and multiple depositions, we successfully obtained summary judgment on behalf of the property owner related to breach of contract and further defeated the defendants’ motion for summary judgment on claims of negligence, wantonness and bad faith.  The case settled favorably after the summary judgment order was enforced. Alabama Oil & Gas, LLC v. Allen Rodgers, et al., CV-06-94 (Circuit Court of Pickens County, Ala.) Represented the purchaser of oil and gas rights in a suit in which the landowner failed to transfer good title and alleged negligence on the part of our client. Obtained judgment in client’s favor following trial for return of the entirety of the client’s funds with interest. Albright v. Merck, CV-05-2316 (Circuit Court of Jefferson County, Ala.) Served on trial team for Albright v. Merck in a three-week jury trial that resulted in a defense verdict. Russell Corp. v. American Home Assur. Co., 264 F.3d 1040 (11th Cir. 2001) Obtained affirmance of federal district court decision remanding insurance coverage action to state court. St. Vincent’s Hospital v. Zoning Board of Adjustments, CV-06-3408 (Cir. Ct., Jefferson County, Ala. 2006-07) Won jury trial in rezoning case allowing hospital to complete substantial extension of facilities. Keck v. Dryvit Systems, Inc., 830 So. 2d 1 (Ala. 2002) Represented Dryvit Systems, Inc., the nation’s largest synthetic stucco manufacturer, throughout Alabama and Mississippi against claims related to product liability, fraud, negligence and state consumer protection laws. This representation included defeat of a putative class action filed against Dryvit in Alabama state court, removal and transfer of numerous cases from Alabama state courts to an MDL set in North Carolina, and coordination of discovery between MDL and state court matters. Obtained a dismissal of all lawsuits brought by subsequent purchasers of Dryvit clad residential structures based upon the doctrine of caveat emptor.