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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 rating with Martindale-Hubbell, which is the highest rating awarded to attorneys for professional competence and ethics. 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
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)
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)
Ramsey v. Hancock, 79 P.3d 423 (Ut. Ct. App 2003) (depository bank owes no duty to a non-customer payee of a check)
EDUCATION
Brigham Young University, J.D., 1984
magna cum laude
Order of the Coif
Lead Note and Comment Editor, BYU LAW REVIEW, 1983-84
University of Utah, B.S., Political Science, 1981
magna cum laude
Phi Kappa Phi
PRACTICE AREAS
Alternative Dispute Resolution
Banking and Financial Institutions
Bankruptcy, Reorganizations and Insolvency Law and Litigation
Litigation
Real Estate Transactions and Litigation | 