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Patrick C. Lannen

Partner

  • Licensed Since: 2009
  • Joined Firm: 2008
  • Partner Since: 2016
38505 Woodward Ave.
Suite 100
Bloomfield Hills, MI 48304
TEL: (248) 901-4027
FAX: (248) 901-4040
Areas of Practice
Honors & Awards
  • Michigan Rising Star in Banking, Michigan Super Lawyers, a Thompson Reuters publication, 2013 - 2018
  • Leadership Oakland 2011-2012 Cornerstone Program, Member
  • Top Lawyer in Banking/Finance Litigation, dbusiness Magazine, 2014
  • Samuel L. Westerman Honors Scholarship
  • Justice Frank Murphy Honor Society
  • University of Detroit Mercy Law Review, Senior Member, 2008-2009
  • Moot Court Board of Advocates, Ruby R. Vale Corporate Team, 2007-2008
  • State Bar of Michigan, Student Section Representative, 2007-2009
  • Kalamazoo College Soccer, Captain, 2003-2006
Clerkship(s)
  • Honorable Maura D. Corrigan, Michigan Supreme Court
Education
  • University of Detroit Mercy School of Law, J.D., magna cum laude, 2009
  • Kalamazoo College, B.A., 2006
Bar & Court Admissions
  • Michigan, 2009
  • U.S. District Court, Eastern District of Michigan, 2009
  • U.S. District Court, Western District of Michigan, 2009
  • U.S. Court of Appeals, Sixth Circuit, 2010
  • U.S. District Court, Southern District of Indiana, 2017

Partner Patrick C. Lannen serves as Co-Leader of Plunkett Cooney's Commercial Litigation Practice Group. He is also a member of the firm's Banking, Bankruptcy & Creditors' Rights Practice Group and focuses his practice in the areas of commercial litigation, financial services liability, and banking and creditors’ rights.

Mr. Lannen represents financial institutions, lenders and banks in commercial lending actions in the areas of collections and real estate disputes, including loan workouts, foreclosures, real estate actions and related commercial contract actions. He also represents other commercial entities in various contract based commercial disputes.

In addition, Mr. Lannen handles litigation involving alleged violations of state and federal consumer lending statutes, including the Truth in Lending, Fair Credit Reporting and Real Estate Settlement Procedures acts. He also represents lending institutions with respect to loan workout agreements involving loan sales, forbearance, foreclosure proceedings, collection actions and real estate disputes.   

Representative Client Work

  • Lead counsel in putative class action for regional automotive distributor and retailer, obtaining denial of certification and resulting in extremely favorable settlement where exposure exceeded $135 million and proposed class consisted of in excess of 200,000 customers of consumer products
  • Lead counsel for lender in restructure and partial liquidation of real estate collateral in $15 million loan relationship secured by multi-tenant retail and light industrial properties in Farmington Hills, Dearborn, Clinton Township and Rochester, Michigan, recovering 100 percent of indebtedness including attorneys’ fees
  • Successful completion of federal receivership and judicial foreclosure action by U.S. Marshal Service for special servicer in $13 million contested foreclosure of 378 unit apartment complex, including preservation of disputed HUD guaranty and dismissal of related counterclaim and construction lien claims. Decisions affirmed on appeal in companion state court cases in the matter of S & S Builders, Inc. v. Kings Lane Ltd. Dividend Hous. Ass'n Ltd. P'ship, 2017 WL 722168 (Mich. Ct. App. Feb. 23, 2017).
  • Lead counsel in emergency appeal of immediate order of summary suspension by Michigan Secretary of State of breathalyzer manufacturer with suspension dismissed and certification fully reinstated
  • Represented railroad in defense of attempted condemnation and easement action in federal court, defeating motion in limine resulting in favorable settlement
  • Obtained emergency turnover of collateral following evidentiary hearing in bankruptcy, including an order of incarceration of debtor’s principal for interfering with court-ordered turnover and liquidation following conversion of case from chapter 11 to chapter 7
  • Obtained favorable settlement on behalf of special servicer on motion for summary judgment seeking (i) invalidation of attempted reclassification of unimproved mortgaged land into common elements by condominium association, and (ii) attempted enforcement of completed lien foreclosure by material supplier on theory of failure to observe required FDIC notice requirements following FDIC appointment as receiver over original lender
  • Obtained order quashing subpoena in federal court for franchisee of international pizza chain resulting in the avoidance of being added to a wage-and- hour class action where class was later certified and summary judgment granted to plaintiffs against other large franchisees
  • Represented Michigan-based international pizza franchisor for full repair and replacement of hundreds of thousands of defective dough mixers purchased from publicly-traded manufacturer
  • Obtained judgment on the pleadings in putative class action for lathe manufacturer in federal court based on forum selection clause
  • Obtained reversal in Michigan Court of Appeals and settlement on behalf of out-of-state commercial real estate lender pertaining to defaulted golf course loan in northern Michigan
  • Represented land owner of three related multi-unit apartment complexes in midtown Detroit, resulting in approximate $7 million turnaround of equity position following completed capital call of co-members and defeating judicial foreclosure action initiated by municipal lenders
  • Obtained summary judgment in denial of discharge action in bankruptcy court for concealed real estate partially owned by debtor located in Israel
  • Obtained reversal of summary judgment for regional bank in Oakland County, Michigan prior to entry of final judgment in failed foreclosure attempt by lender’s former counsel
  • Successfully defended fraudulent transfer case in bench trial in Oakland County, Michigan arising out of high profile wrongful death settlement and homicide conviction
  • Obtained reversal of denial of receivership in state court, Wayne County, Michigan, obtaining appointment of “special limited” receiver over operating restaurant, brewery and distillery with multiple locations throughout Michigan
  • Successfully tried and obtained favorable settlement on last day of bench trial in minority oppression and breach of fiduciary duty case in state court, Wayne County, Michigan
  • Successfully opposed use of cash collateral, and obtained appointment of chapter 11 trustee and order vacating fraudulently transferred assets for national lender in contested chapter 11 proceedings involving single-asset real estate company and companion operating company
  • Lead counsel for national lender, obtaining federal receiver on multi-facility $9 million loan relationship secured by hockey arenas and mixed-use office buildings located in Port Huron, Southfield and Oak Park, Michigan
  • Obtained summary judgment and authority to file involuntary chapter 11 petition for national lender in $3 million distressed condominium development, recovering in excess of 90 percent of debt through court approved auction of assets
  • Obtained immediate turnover of all assets and appointment of receiver in $2.5 million troubled hotel loan in expedited and emergency hearing for national lender
  • Successfully defended national lender against aiding and abetting fraud claims for alleged unauthorized wire transfers totaling in excess of $10 million
  • Obtained judgment via motion to dismiss for national lender in putative class action suit brought by Registers of Deeds of Ingham and Branch Counties, Michigan, alleging violations of the State Real Estate Transfer Tax Act and the County Real Estate Transfer Tax Act, seeking hundreds of millions in damages based on pre- and post-foreclosure mortgage assignments
  • Obtained summary judgment for national lender in multi-party litigation against claims of fraud, aiding and abetting fraud, tortious interference, and negligent supervision, arising out of foreclosure of $5 million multi-tenant retail building in downtown Birmingham, Michigan, affirmed on appeal in the matter of Blackward Properties, LLC v. Sower, 2014 WL 5690380 (Mich. Ct. App. Nov. 4, 2014)
  • Lead attorney for national lender in real estate based loan originations, loan sale agreements, and purchase agreement for REO assets in the tri-county metro Detroit area, and also for properties in the Michigan counties of Berrien, Grand Traverse, Antrim, Charlevoix, Washtenaw, Livingston and Mackinac, with transactions exceeding the aggregate sum of $50 million
  • Completed multi-state (California, Nevada, and Michigan) UCC foreclosure for secured lender of marijuana payment processing software
  • Obtained summary judgment for national bank against claims of tortious interference and conversion regarding use of insurance proceeds following casualty affecting mortgaged properties
  • Obtained summary judgment for automotive corporation in corporate derivative suit, including against claims of breach of fiduciary duties brought by the former president against board of directors. Summary dismissal affirmed on appeal with costs taxed in the matter of Strickland v. Douglas, 2011 WL 6268189 (Mich. Ct. App. Dec. 15, 2011)
  • Obtained summary judgment for manufacturer of nerve conduction devices for alleged breach of warranties in sales of goods case
  • Obtained summary judgment for water production company for alleged breach of agreement for purchase of water distillation facility in Rochester, Michigan
  • Obtained multiple summary dismissals for mortgage holders and servicers in disputes concerning collection, mortgage servicing, foreclosures and alleged violations of state and federal consumer protection statutes, including, but not limited to in the following cases:
    • Koole v. Wells Fargo Bank, NA, 2016 WL 1732731 (E.D. Mich. Apr. 29, 2016)
    • Huntington Nat. Bank v. Najero, Inc., 2014 WL 4601410 (E.D. Mich. Sept. 15, 2014)
    • Huntington Nat. Bank v. Ctr. Court Properties, LLC, 2013 WL 6668099 (E.D. Mich. Dec. 18, 2013)
    • Fawcett v. Wells Fargo Bank, 2013 WL 6181719 (E.D. Mich., Nov. 2013)
    • Perino v. Wells Fargo Bank, N.A., 2013 WL 5340800 (E.D. Mich., Sept. 2013)
    • Walker v. Wells Fargo Bank, N.A., 2013 WL 3700066 (E.D. Mich., Jul. 2013)
    • Johnson v. Wells Fargo Bank, N.A., 2013 WL 1499558 (E.D. Mich., Apr. 2013)
    • Goren v. Wells Fargo Home Mortg., 2013 WL 718756 (E.D. Mich., Feb. 2013)
    • Lessnau v. Dep’t of Veteran Affairs, 2012 WL 6015892 (E.D. Mich., Dec. 2012)
    • Murray v. New York Mortg. Co., 2012 WL 5830245 (E.D. Mich., Dec. 2012)
    • Droski v. Wells Fargo Bank, N.A., 2012 WL 3224134 (E.D. Mich., Aug. 2012)
    • Jenkins v. Wells Fargo Bank, N.A., 2012 WL 3030744 (E.D. Mich., Jul. 2012)
    • Livonia Diagnostic Ctr., P.C. v. Neurometrix, Inc., 2012 WL 2324920 (E.D. Mich. June 19, 2012)
    • McCann v. U.S. Bank, N.A., 873 F.Supp.2d 823, 827 (E.D. Mich., May 2012)
    • Chungag v. Wells Fargo Bank, N.A., 2012 WL 1945483 (E.D. Mich., May 2012)
    • Moss v. Wells Fargo Bank, N.A., 2012 WL 1050069 (E.D. Mich., Mar. 2012)
    • Snell v. Wells Fargo Bank, 2012 WL 1048576 (E.D. Mich., Mar. 2012)
    • Bajwa v. John Adams Mortg. Co., 2011 WL 6009266 (E.D. Mich., Nov. 2011)
    • Cheff v. U.S. Bank Nat. Ass’n, 2011 WL 3882849 (E.D. Mich., Aug. 2011)
    • Simaan v. Wells Fargo Bank, N.A., 2011 WL 479882 (E.D. Mich., Feb. 2011)
    • Jaboro v. Wells Fargo Bank, N.A., 2010 WL 5296939 (E.D. Mich., Dec. 2010)

Notable Cases

    • Burniac v. Wells Fargo Bank, N.A., 810 F.3d 429, 434 (6th Cir.), cert. den., 137 S. Ct. 139, 196 L. Ed. 2d 43 (2016) (obtained summary judgment, affirmed on appeal, including on, among other issues, issue of first impression regarding effect of requests for entry of clerk’s default in state court prior to removal)
    • PNC Bank, Nat'l Ass'n v. Goyette Mech. Co., Inc., 140 F. Supp. 3d 623, 632 (E.D. Mich. 2015) (obtained summary judgment for national lender over asserted forgery and economic duress defenses)
    • Groff v. Wells Fargo Home Mortg., Inc., 108 F. Supp. 3d 537, 542 (E.D. Mich. 2015) (obtained summary judgment on issue of first impression regarding propriety of credit furnishing after chapter 7 bankruptcy discharge under the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq.)
    • PNC Bank, Nat. Ass'n v. Goyette Mech. Co., 15 F. Supp. 3d 754, 756 (E.D. Mich. 2014) (obtained appointment of receiver over operating mechanical HVAC company servicing international automakers)
    • Yousif v. Ocwen Mortg. Co., LLC, 816 F. Supp. 2d 463, 468 (E.D. Mich. 2010) (upholding removability of state law claims preempted under federal statutes)

Professional Affiliations

    • Oakland County Bar Association
    • Michigan Defense Trial Counsel
    • State Bar of Michigan
    • American Bar Association
    • DRI - The Voice of the Defense Bar

Community Involvement

    • Birmingham Brother Rice Junior Varsity Soccer Team, Co-Head Coach, 2008-present

Publications and Lectures

  • Fraudulent Transfers, American Bankruptcy Institute Central States Workshop, Speaker, Traverse City, Michigan, June 8-9, 2017
  • Lakeshore Bar Association presentation, titled: "Under Water: Diving into the Legal Issues Surrounding Troubled Mortgages in Michigan;" Presenter, March 29, 2012
  • Oakland County Bar Association's People's Law College workshop, titled: “Homeownership: What to do When You Fall Behind on Your Mortgage,” Presenter, March 27, 2012
  • "Scott's Guardian: A Critical Analysis of Departure Sentences in Michigan After People v. Smith," 87 U. Det. Mercy L. Rev. 3 (March 2010)

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