Overview

Evelyn Seeler is a New York real estate and financial services litigation attorney who has more than 20 years of experience representing Wall Street institutions, national and regional banking institutions, hedge funds, mortgage lenders and servicers. She has also represented the Federal Deposit Insurance Corporation (FDIC) and the Small Business Administration (SBA) in their receivership capacities. Ms. Seeler maintains a diverse practice that includes general commercial and creditors' rights litigation, loan workouts and restructurings, bankruptcies, foreclosures, receiverships, lien enforcement, condemnation, and landlord-tenant litigation at both the state and federal levels. She has protected lenders' interests in loans secured by commercial, multifamily and healthcare properties.

Ms. Seeler's practice also focuses on federal and state regulatory matters involving residential and commercial lenders, with particular emphasis on purchasers in the secondary mortgage market. She has represented national and regional lenders in the defense of predatory lending claims and other federal and state consumer legislation.

Representative Experience

  • Represented national bank associations, through special servicers, in numerous federal and state commercial foreclosure proceedings in New York
  • Defense, dismissal and resolutions of several multimillion-dollar actions against a large lending institution claiming violations of Truth in Lending Act (TILA), Real Estate Settlement Procedures Act (RESPA), Regulation Z and the Deceptive Practices Act
  • Defense and resolution of action against a national banking institution for breach of contract, tortuous interference with contractual relations, and misappropriation and misuse of confidential information
  • Pursuit and resolution for a national banking institution against mortgage brokers for warehouse lending fraud
  • Defense and resolution of an action against a federal credit union alleging violations of the Federal Credit Union Act
  • Resolution of numerous condemnation claims for a New York tax lien servicer
  • Represented securitized tax lien trusts in numerous NYC tax lien foreclosure matters
  • Represented special servicers in connection with collateralized loan obligations and commercial mortgage-backed securities (CMBS) securitizations

Credentials

Education
  • St. John's University School of Law, J.D.
  • University of Richmond, B.A., cum laude
Bar Admissions/Licenses
  • New York
Court Admissions
  • U.S. Court of Appeals for the Second Circuit
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Northern District of New York
  • U.S. District Court for the Southern District of New York
Memberships
  • New York City Bar Association
  • New York State Bar Association
  • National Association of Women Lawyers
  • Commercial Real Estate (CRE) Finance Council
  • New York City Bar Association, Monday Night Legal Advisory Workshop, Volunteer and Former Co-Chair
Honors & Awards
  • Holland & Knight Pro Bono All Star, 2021
  • Empire State Counsel, New York State Bar Association, 2015-2022

Publications