Marshall L Ferguson
Fax: (206) 628-6611
Two Union Square
601 Union Street, Suite 4100
Seattle, WA 98101
Marshall Ferguson is a member in the Seattle office whose practice focuses on litigation, particularly concerning real estate and aviation matters. In real estate matters, his clients include buyers, sellers, agents, lenders, loan servicers, REMIC trustees, brokers, escrows, and title insurance companies. He often handles matters involving purchase contracts, the validity and priority of security interests, pre- and post-foreclosure sale challenges, easement rights, adverse possession, boundary line disputes, lease negotiation, escrow negligence, and assorted title defects requiring creative cure solutions. He also has recent experience handling matters involving the Uniform Commercial Code, securities regulation, insurance bad faith, insurance coverage, discrimination/harassment, and the Consumer Protection Act.
In aviation matters, his clients include manufacturers, parts and equipment vendors, MRO providers, insurers, aircraft brokers, flight training companies, fixed base operators, flight crew, airframe and powerplant technicians, and airport ground service providers. He was the chair of the King County Bar Association Aviation Law Section in 2010-2011. Mr. Ferguson is an instrument rated pilot who has flown general aviation aircraft throughout the Pacific Northwest for more than 20 years.
- Successfully defended $10,500,000 first-position deed of trust lender against $8,000,000 mechanic’s lien claim in relation to shopping mall purchase, demolition, and reconstruction project. Argued and won both the motion for summary judgment and the subsequent appeal, published at Colorado Structures, Inc. v. Blue Mountain Plaza, LLC, 159 Wn. App. 654, 246 P.3d 835 (2011).
- Successfully defended UIM insurer from seven-figure bad faith action in federal court, dismissed on summary judgment one month before trial (2016 U.S. Dist. LEXIS 62433).
- Commenced partition action to resolve competing claims between feuding family members over high value residential property in Seattle. Negotiated an agreement to list and sell the property. Closed the sale of the property and negotiated a disbursement of sale proceeds favorable to our client.
- Represented a mortgage lender misled into becoming an unwilling participant in a “mortgage rescue” scam. Successfully defended the lender against homeowners’ rescission, equitable mortgage, and RESPA claims. Negotiated and drafted global settlement clearing title, obtaining restitution from scam leaders, and amicably moving the homeowners out of the property.
- Prepared coverage opinion for aviation insurer relating to crash of DeHavilland Turbine Otter used in commercial operations.
- Advised commercial helicopter operator regarding proposed operations under Part 91 of Federal Aviation Regulations.
- Successfully defended mortgage servicers in a series of foreclosure-jamming lawsuits brought in state and federal courts by homeowners under wide-ranging theories, including RESPA, TILA, HOEPA, rescission, fraud, Deed of Trust Act violations, FDCPA, FCRA, slander of title, breach of contract, and the like. Claims dismissed by dispositive motions.
- Conducted solo jury trial representing beverage distribution company in civil lawsuit alleging reckless driving, driving under the influence, and crash-related property damage. Plaintiff asked the jury to award $240,000. The jury awarded only $35,000.
- Represented A&P technician at FBO investigated over turboprop recordkeeping. Successfully settled to our client’s advantage.
- Successfully defend patient and her husband from air ambulance company demanding $300,000 in reimbursement for medical evacuation flight. Company released clients from all liability.
- Washington State Bar Association (Real Property, Probate & Trust Section)
- King County Bar Association(Real Property, Probate & Trust Section; Aviation Law Section, Vice Chairman, 2009 – 2010, Chairman, 2010-2011)
- American Bar Association (Tort, Trial and Insurance Practice Section, Title Insurance Litigation Committee)
- Presenter, “Insurer’s Defense of Insured: Ethical Traps,” Negotiating Claims with Insurance Companies, CLE by National Business Institute, Seattle, WA, May 24, 2016.
- Presenter, “MERS and the Deed of Trust Act,” Residential Real Property in a Distressed Market, Washington State Bar Association CLE, Seattle, WA, August 7, 2012.
- Presenter, “Foreclosures: MERS and the Deed of Trust Act,” Foreclosures: An Update on Status, Procedure & Best Practices, CLE by The Seminar Group, Seattle, WA, April 26, 2012.
- “Droning On: Civilian Use of Unmanned Aircraft Systems and Related Changes in U.S. Airspace Regulation,” 37th Annual Pacific Northwest Aviation and Insurance Seminar, Cle Elum, WA, September 12, 2010.
- “Aviation Insurance Case Law Update,” Pacific Northwest Aviation Law & Insurance Seminar, King County Bar Association Section of Aviation Law, Port Ludlow, WA, October 11, 2008.
Areas of Practice
- Banking & Financial Institutions
- General Litigation
- Product Liability & Mass Torts
- Real Estate
- Title Insurance
- United States Court of Appeals for the Ninth Circuit
- U.S. District Court (Western Washington)
- U.S. District Court (Eastern Washington)
- Tulalip Tribal Court
- University of Washington School of Law (JD) 1999
- Johns Hopkins University (BA) cum laude, Phi Beta Kappa, 1996