Troutman helps Taylor Bean in bid to unfreeze assets

Posted on September 1, 2009 16:17 by Janet Conley

Troutman Sanders is representing Taylor Bean & Whitaker Mortgage Corp. in the bank’s attempt to reclaim assets frozen by its primary bank, Colonial BancGroup. Colonial, which is the subject of several governmental investigations, filed for Chapter 11 reorganization in August and is in receivership.

Ocala, Fla.-based Taylor, Bean itself petitioned for reorganization in U.S. Bankruptcy Court for the Middle District of Florida on Aug. 24, and had a variety of troubles prior to that. In early August, the Federal Housing Administration suspended Taylor Bean’s authority to issue FHA-insured loans; then Ginnie Mae and Freddie Mac suspended the bank as an issuer of mortgage-backed securities and mortgage sales and service, transferring their servicing from Taylor Bean to other providers. As a result, the company, which was once the largest non-depository-owned mortgage lender in the United States, laid off 2,000 of its 2,400 employees.  Taylor Bean logo

“The company believes that these events are related to various investigations surrounding the failure of Colonial Bank, which for years was Taylor Bean’s primary bank,” the company said in a press release. “[A]pproximately 100 Taylor Bean bank accounts were frozen by Colonial Bank. This action created myriad problems in processing borrower payments and making payments on their behalf—such as homeowner’s insurance premiums and real estate taxes.”

Tampa, Fla.-based Stichter, Reidel, Blain & Prosser is Taylor Bean’s primary Chapter 11 counsel, but Troutman Sanders has been approved as special counsel, serving, according to its application to employ, as “general outside counsel,” which includes working to unfreeze the bank’s custodial accounts, now locked in the Alabama-based Colonial’s Federal Deposit Insurance Corp. receivership.

Troutman, according to the application, has represented Taylor Bean since 2007 as litigation counsel, with representation expanding in June to include responding to allegations of default, government investigations and regulatory actions, among other things.

Partners expected to be involved in the engagement, along with their practice areas and hourly rates, include: David J. Dantzler, governmental regulatory actions, investigations and litigation ($535); Jeffrey W. Kelley, bankruptcy and litigation ($600); Ezra H. Cohen, bankruptcy ($640); Brian Lavine, governmental investigations ($575); and David W. Ghegan, corporate governance and bank regulation ($475).


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Janet ConleyThe Deal Watch Blog is devoted to bringing you the latest news in business law in Atlanta, the Southeast and the U.S. The lead writer is Daily Report associate editor Janet L. Conley.

Janet L. Conley is an attorney who returned to journalism after practicing law with Akin, Gump, Strauss, Hauer & Feld in Washington and with the Georgia Legal Services Program in Atlanta.

During her tenure at the Daily Report, Janet, now the paper's associate editor, has covered law firm economics and management, business and federal courts. In 2007, she received the Georgia Associated Press Story of the Year award and the Atlanta Press Club’s Journalist of the Year award, both for small circulation newspapers, for "Green to Gold," a series of articles on how climate change will alter business and the law.

Janet has written for The American Lawyer magazine and the National Law Journal, among other publications. She also served as managing editor of GC South magazine.

Janet holds a journalism degree from Southern College and a juris doctor degree from the University of Pennsylvania. She lives in Decatur with her husband Mark Harper, also an attorney, and their three children.

She can be reached at jconley@alm.com.

Andy PetersThe contributing writer is Daily Report staff reporter Andy Peters.

Andy Peters has been a journalist since graduating from Furman University in 1992. A short list of the subjects he’s covered includes the Georgia state Legislature, the U.S. semiconductor industry, the Alabama-Florida-Georgia “water wars” litigation, the 1999 American Airlines pilots strike, Coca-Cola and PepsiCo’s battle to acquire the Gatorade sports-drink brand, indie rock music and high school football. Andy has written for Bloomberg News, the New York Times Web site, the Macon Telegraph, the Spartanburg (S.C.) Herald-Journal and the Atlanta Business Chronicle.

Andy has written the Deal Watch column for the Daily Report since March 2006. He was born in Chattanooga, Tenn. in 1971 and grew up in Ringgold, Ga. He lives in Decatur with his wife and two children.

He can be reached at apeters@alm.com.

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