Robert T. Luttrell, III Of Counsel

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Biography

Bob Luttrell has more than 30 years experience involving all aspects of business, real property and commercial law.  The majority of his practice is the representation of banks, savings associations, other financial institutions and lenders, and their customers in all areas of the banking, including commercial, real estate and consumer finance and deposit taking activities.  He has extensive experience representing lead lenders, participants and borrowers in negotiating and drafting loan and workout documents.  Bob also advises financial institutions on compliance with regulations generally and specifically with consumer protection regulations and legislation.  Although he prefers to assist financial institutions avoid problems by proper documentation and procedures, Bob also engages in litigation arising out of banking relationships.

Bob has taught Financial Institutions Law, the Law of Bank Collections and Deposits, and the Law of Sales in law school.  He teaches courses in bank operations law and Truth in Lending regulation at schools conducted by the Oklahoma Bankers Association. 

In addition to speaking frequently to lawyers and other professionals on commercial law related subjects, he is also a noted author.  His published works include:

• Co-author, Commentaries on Revised Uniform Commercial Code Articles 3 (Negotiable Instruments), 4 (Bank Deposits and Collections), 4A (Funds Transfers), 5 (Letters of Credit), 6 (Bulk Transfers), 8 (Investment Securities) and 9 (Secured Transactions) as Enacted in Oklahoma, West Publishing Company (12A OSA Sec. 1-101 et seq.)
• Co-author, “Uniform Commercial Code Survey: Letters of Credit,” 46 Business Lawyer 1579 (August)
• “A Review of Selected Recent Cases on Forgery, Error and Alteration Under UCC Articles 3 and 4,” 51 Consumer Finance Law Quarterly Report 255
• “Regulatory Enforcement Authority and Criminal Enhancements,” 44 Consumer Finance Law Quarterly Report
• “Update on the Fair Credit Reporting Act,” 43 Consumer Finance Law Quarterly Report 252
• "Consumer Finance:  Subsequent Events and New Disclosures,” 54 Oklahoma Bar Journal 1153 (April 30)
• “Usury and the UCCC,” 51 Oklahoma Bar Journal 2497 (November 1)
• Real Estate Lending: Complying with the Regulations, American Bank Systems, Inc.
• Secured Lending Manual, American Bank Systems, Inc.
• Consumer Lending Manual, American Bank Systems, Inc.
• Author, “Oklahoma State Law Digest,” Jankowski, The National Mortgage Servicer’s Reference Directory, Vernon Enterprises.

In 2006, Bob was named to the inaugural edition of Oklahoma Super Lawyers.

Prior to 2005, Bob was in private practice in Oklahoma City.  He has also served as in-house counsel and commercial loan officer with a local bank and house counsel for a group of six affiliated banks along with their related mortgage, data processing, check processing, credit card and bank forms companies.

Bob has served as chairman and is a member of the Legislative Review Committee studying and reporting on the effect of various proposed amendments to the Uniform Commercial Code.  He is also a trained arbitrator and a certified mediator.

Bob served in the U.S. Navy on active duty and in the reserve.  He retired as Captain.

Representative Experience Represents numerous lenders and borrowers in all areas of commercial finance including term and revolving credits secured by personal property or unsecured; loans for real estate acquisition, development or construction; drafting letters of credit and letter of credit agreements; and advising on workouts and draws on letters of credit. Provides daily counsel and advice to banks, savings associations and other financial institutions on all aspects of their day-to-day operations, including perfecting  security interests in property, consumer compliance issues, check collection and deposit account relationships, and responding to subpoenas and other requests for records. Represents chartered and licensed lenders before their regulators to obtain charters or licenses and to defend against revocation. Represents senior, junior and unsecured creditors in priority disputes.  A representative case is First Bank of Okarche v. Lepak, 1998 OK 46, 961 P.2d 194, 35 UCC Rep.Serv.2d 1360. Represented various lenders in determining appropriate methods of minimizing or avoiding liability for violations of consumer protection regulations. Defends and prosecutes claims based on forgery, fraud and embezzlement. Defended a regional mortgage lender in cases alleging fraud, deceptive and unlawful lending activities following rescission and requests for damages. Conducted internal investigation and collected a policy limits claim on behalf of financial institution on banker’s blanket bond.

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