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Admitted to Practice

  • Washington
  • U.S. District Court Western District of Washington
  • U.S. District Court Eastern District of Washington
  • U.S. Court of Appeals 9th Circuit
  • U.S. Bankruptcy Court Western District of Washington
  • U.S. Bankruptcy Court Eastern District of Washington

Anthony S. Wisen

Tony Wisen represents clients in all aspects of commercial litigation, specializing in litigation matters relating to real estate. Tony’s real estate practice includes litigating issues relating to lease interpretation, condominium liens, boundary disputes, and foreclosures, among others.

Tony also has a special concentration in the representation of receivers under Washington’s receivership statute, RCW 7.60. He has represented receivers, creditors, and other interested parties in significant commercial and residential receiverships across many counties in Washington State.

Additionally, Tony handles commercial contract disputes and debtor/creditor matters.. He has negotiated and drafted scores of credit workout agreements.

Representative Experience

Real Estate Litigation

Lakewood Commons Condominium Association v. Lindsey et al.

Represented Bank of America relative to lien rights in a condominium unit governed by RCW 64.34.364. (2013)

Nesseth v. Nelson et al.; Amica Mutual Insurance Company v. Nelson et al.

Represented mortgagee in related actions regarding borrower’s involvement in action for adverse possession. Obtained dismissal from coverage lawsuit brought by borrower's property insurer. Oversaw underlying adverse possession lawsuit following acceptance of client’s claim under title insurance policy. (2013)

Auguston Condominium Association v. Russell et al.

Represented bank defendants action for foreclosure of condominium unit under RCW 64.34.364. Obtained resolution and dismissal on favorable terms. (2012)

Burien Town Square project

Represented client with respect to ownership significant condominium project in Burien, Wash. Successfully resolved dozens of claims for return of earnest money deposit through settlement, mediation, and litigation. (2012)

City of Ocean Shores v. Sadafi et al.

Represented mortgagee relative to interests in property subject to LID lien foreclosure. (2012)

City of Tacoma v. Dangerous Building located at 6022 South Warner Street

Represented Bank of America relative to interests in property deemed dangerous under Tacoma municipal code. (2012)

Firestone v. Judge et al.

Represented mortgagee in adverse possession lawsuit. Obtained stipulated dismissal on favorable terms. (2012)

In re the Trustee’s Sale of the Real Property of Saravana Veerappen

Represented mortgagee in action regarding disbursement of surplus funds following foreclosure. Successfully obtained all surplus funds for client. (2012)

Interlaaken Condominium receivership (Union Bank v. Interlaaken Properties, LLC, et al.)

Represented receiver relative to seven condominium units at property in Lakewood, Wash. Achieved sale of all units and discharge of receiver. (2012)

Serenity at Juanita Owners Association v. Mortgage Electronic Registration Systems, Inc.

Represented defendant in quiet title action related to foreclosure of condominium unit under RCW 64.34.364. Obtained favorable settlement. (2012)

The Elektra Owners Association v. Chang, et al.

Represented secured lender in judicial foreclosure lawsuit governed by RCW 64.34.364. Obtained dismissal of client. (2012)

JMS Construction v. GSRE LLC v. Banner Bank

Defended lender and successor owner relative to dispute over tenant improvements in commercial building in Seattle. (2011)

Pierce Cty. v. Malmquist et al.

Represented mortgagee in condemnation action effecting borrower's real property. (2011)

Saxony Owners Association v. Klube, et al.

Represented mortgagee in judicial foreclosure lawsuit governed by RCW 64.34.364. Obtained dismissal of client with confirmation of lien priority. (2011)

Avalon Downreit V, LP v. Grand-Glacier, LLC

Represented developer in litigation filed by owner of apartment building challenging amount of assessments for common areas and for dissolution of owners’ association. (2010)

Experience with Washington State Receivers

Union Bank v. Robert M. Grey Real Estate Holdings, Inc.

Representing receiver relative to real property in Sequim, Wash. (Ongoing)

Grand Bay receivership (Union Bank v. Homestar Northwest, LLC)

Represented custodial receiver relative to mixed use condominium project in Blaine, Wash. (2013)

Union Bank v. Birch Point Village, LLC et al.

Represented general receiver relative to significant real estate development in Whatcom County, Wash. (2013)

1226 Alki receivership (Union Bank v. 1226 Alki Avenue SW, LLC)

Represented receiver relative to condominium project in Seattle. Achieved sale of all subject property and discharge of receiver. (2012)

505 Broadway receivership (Union Bank v. 505 Broadway Associates, LLC)

Represented general receiver relative to significant mixed use project in Tacoma, Wash. Achieved sale of all 24 units subject to receivership (22 residential and 2 commercial) and discharge of receiver. (2012)

Other Commercial Litigation

In re Edra D. Blixseth

Representation of Chapter 7 trustee for the bankruptcy estate of Edra D. Blixseth, a former owner of the Yellowstone Mountain Club in Montana. (Ongoing)

Lee v. Conroy

Led representation of partner of failed business in lawsuit involving breach of a promissory note. The jury rejected defendant’s fraudulent inducement and commercial frustration defenses, and entered verdict in favor of client after 3 day trial. (2015)

Banner Bank v. First Community Bank

Represented secured lender in federal lawsuit involving UCC Article 9 rights in commercial propane tanks. Obtained summary judgment in favor of client. (2012)

In re Peterson

Represented Bank of America in litigation involving disbursement of funds being held for benefit of minor child. Obtained favorable result at hearing. (2012)

Mullen v. American Express Bank et al. (In re Zounds)

Represented manufacturer in bankruptcy preference action. Obtained favorable settlement. (2012)

Yountville Investors, LLC v. Bank of America N.A.

Obtained summary judgment dismissing all claims challenging the enforceability of an interest rate swap agreement. WL 2382862 (W.D. Wash. 2009)

Additional Qualifications

  •  King County Prosecutor’s Office, Special Deputy Prosecutor, Felony Trial Unit (Trial Fellowship), Sept.-Oct. 2012 (Co-tried multiple felony cases to jury verdict.)
  • Davis Wright Tremaine, Seattle, Summer Associate, 2006
  • Cornell University, Ithaca, New York, Law Clerk, Office of University Counsel, 2005-2007
  • New York State Water Resources Institute, Ithaca, New York Extern
  • Unigard Insurance Company, Bellevue, Wash., IT-Production Control, 2001-2004; Wincorp-Accounting Department, 2000-2001
  • Web Printing, Woodinville, Wash., Bookkeeper, 1999-2000; Bindery Operator, 1998-2000

Professional & Community Activities

  • CityClub, Board of Governors, 2012-present
  • St Alphonsus Catholic School, School Commission Chair, 2012-2013, 2011-2012; School Commission Vice-Chair, 2010-2011; School Commission Member, 2009-present; Principal Search Committee Chair, 2012
  • King County Bar Association, Bankruptcy Law Section
  • Judge, 2012 Frederic C. Tausend Moot Court Competition, Seattle University School of Law (Preliminary Rounds)
  • Judge, 2012, 2011 & 2010 James E. Bond Moot Court Competition, Seattle University School of Law (Preliminary Rounds)
  • City of Monroe, Planning Commissioner, 2003-2004; Parks and Recreation Board, 2003-2004; Library Board, 2001-2004