Financial Services
The firm’s financial services practice area includes representation of banks, mortgage companies, savings and loans, finance companies, and various other institutional lenders which provide financial services to both consumers and businesses.
Regulatory -
The firm has provided opinions and counseling services related to the following areas, Community Reinvestment Act, Equal Credit Opportunity Act, Fair Credit Reporting Act, Fair Debt Collection Practices Act, Fair Housing Act, Fair Lending, National Flood Insurance Program, Home Mortgage Disclosure Act, Real Estate Settlement Procedures Act, Right to Financial Privacy Act, Truth in Lending Act, Preparation of Fifty State Surveys on State Licences, Origination, and Servicing Laws, Unfair or Deceptive Consumer Credit Acts, Interpretation of Regulations From the Office of Thrift Supervision, Comptroller of the Currency, Federal Reserve, Federal Trade Commission, and National Credit Union Administration, as well as interpretation of regulations and announcements from HUD, VA, Fannie Mae, and Freddie Mac.
Corporate -
The firm also assists the business aspects of financial services industry in the creation of brokers , wholesale lenders, correspondent lenders and the agreements between those entities and their corporate parents, as well as broker agreements, correspondent lending agreements, flow servicing, purchase and sale of servicing, purchase and sale of financial services entities, creation of CLO’s, CBA’s, now known as ABA’s as well as personnel issues related to the financial services industry.
Litigation -
The firm maintains offices throughout the southeast and many of our litigation partners are licensed and practice in multiple states. This serves our clients on a regional basis and ties in with the firm's Southern Litigation Solutions philosophy. The goal is to provide continuity, efficiency, and value to our clients in an area where our attorneys have expertise and familiarity with the local demographics.
The firm's litigation section has extensive experience in the following areas:
- Predatory Lending
- Predatory Servicing
- Lender Liability
- Repurchase and Indemnity
- Deceptive Trade Practices
- Mortgage Fraud (Borrower, Broker, Settlement Service Providers)
- Lender Loss Recovery (Construction Defects)
- TILA/RESPA/FCRA/FACTA
- Wrongful Foreclosure
- Letters of Credit
- Private Mortgage Insurance
- Title Insurance
- Credit Insurance
- Mechanic’s/Materialman’s Liens
- Escrow
- UCC Matters/Secured Transactions
- Lender/Servicer Katrina-related Litigation
- Yield Spread Premiums
- Pay-off Litigation
- Inspection fees
- Force-placed Insurance
- Loan Officer/Bank Fraud
- Fair Housing
- FDIC/RTC Investigations
- RTC Litigation
- Condemnations
