Banking and Financial Services Overview
Jimerson Birr’s Banking and Financial Services team counts among its clients some of the largest financial institutions in the country. Our diverse client list also includes federal and state charted banks, finance companies, unregulated lenders, credit unions and borrowers in commercial transactions. For these clients we provide sound legal guidance on mission-critical operational, legal and regulatory issues, with specific focus on loan transactions, workouts, collections, foreclosures, lender liability claims and bankruptcy proceedings. We use our legal and financial acumen to offer sophisticated solutions and responsive service all aimed at giving our clients the highest value in legal services.
LENDING, REGULATORY & OPERATIONAL REPRESENTATION
Jimerson Birr attorneys are meticulous, efficiently identifying and working to solve every current or potential problem attached to lending transactions for our clients. We represent banks, credit unions, and other lenders in credit facility transactions spanning many industries, secured by all forms of collateral, with loan amounts varying in many zeroes. Our lawyers are authorities at negotiating and structuring new credit facilities and preparing all necessary loan documentation to codify the loan transaction. Our lawyers have extensive experience with loans for all usual purposes, including real estate acquisition and development loans, construction loans, business acquisition loans, commercial and industrial loans and working capital facilities. Additionally, Jimerson Birr’s Banking & Financial Services Industry Team regularly serves lenders in the negotiation and documentation of loan amendments, renewals, modifications, re-structures and consolidations. We work with our lender clients to prepare documents that fully satisfy the needs of the loan transaction and provide the lender with all necessary protections in the event of default, collection or litigation. We are committed to protecting your interests and fighting on your behalf whenever necessary.
The financial services sector is undergoing a sweeping transformation. The business models of banking are rapidly changing in order to adapt to innovative technological automation and compliance burdens, among other things. Daily battles to retain customers, cultivate increasing market opportunities, keep pace with cutting edge technologies without compromising service standards, and maintain regulatory harmony are fundamentally altering the competitive landscape in the banking and financial services industry. Such pressures have forced traditional institutions to turn to Jimerson Birr to assist in reorganizing the way they conduct business. As data breaches become more frequent and privacy concerns increase, compliance and regulatory necessities become more cumbersome and require specialized skills. Our lawyers leverage our regulatory knowledge and capabilities to help clients nurture relationships with regulators, deliver state-of-the-art solutions to increasingly intricate regulatory issues, and make the most of openings presented by regulatory reform initiatives and market changes.
SPECIAL ASSETS AND LOAN RECOVERY REPRESENTATION
Jimerson Birr has extensive experience in representing clients in all aspects of commercial and residential lending, including loan default litigation, secured and unsecured loan structuring, loan negotiation and documentation, real estate and construction lending, asset-based lending, garnishment response, subpoena response, loan workout and liquidation transactions. We specialize in representing lenders in all types of foreclosures, including those involving industrial developments, vacant lands, condominium developments, commercial office buildings, manufacturing facilities, distribution warehouses, retail shops and other commercial real estate. The firm has also experience in identifying and assisting lenders to meet the requirements of the SBA and associated regulations in order to provide advice and services that enable secured lenders to properly complete SBA loan documentation, service the SBA loan properly, liquidate compliantly, and ultimately obtain SBA guaranty payoff.
Our attorneys and staff work closely with Special Assets Divisions and Loss Mitigation Departments to formulate loan-workout strategies to assist our clients and their customers in finding economical alternatives to a foreclosure. We assist our clients in its non-litigation recovery efforts, including documenting and recording deeds in lieu of foreclosure and preparing and monitoring loan forbearance and modification agreements. In the event we are unable to reach a successful pre-suit resolution, we aggressively file and prosecute foreclosure actions, monitor senior lien positions, and bid on behalf of our clients at foreclosure sales. Our litigation team manages the entire process from default letter to issuance of the title policy. Though the requirements and timeframes differ in each state, we meet state standards and investor guidelines, ensuring the timely completion of the foreclosure process. After a foreclosure, we will assist our clients in post-closing eviction, deficiency recovery and REO disposition. Jimerson Birr carefully and strategically evaluates each foreclosure with one goal in mind: return the asset to the client in the quickest and cheapest way possible.
Our foreclosure professionals understand the complexities of foreclosure law, an arcane and complicated area. There are many pitfalls for lenders and lawyers who do not know their way around the intricacies of the law. Lenders can lose time and money if they trust their case to an attorney who lacks the vision and initiative to swiftly and cost-effectively ensure return of the pledged collateral and facilitate a resale. Should the borrower go into bankruptcy, we will work to get the automatic stay lifted in bankruptcy court so that you, as a secured lender, can proceed with foreclosure. Whether you are foreclosing on a modest home or a major office development, let us protect your interests.
As our firm is an experienced litigation and trial firm, we are set up to handle complex contested real estate and financial instrument litigation. Our practice encompasses trial and appellate representation before federal and state courts and involves all variants of remedial actions, including class actions, injunction and declaratory judgment suits, title claims and priority disputes, lender liability claims, and alternative dispute mechanisms (arbitrations and mediations). Our significant experience in this field encompasses nine-figure lender liability actions.
Should a bankruptcy arise, we stand ready to advise clients in all aspects of bankruptcy and non-bankruptcy liquidation, financial restructuring, and reorganization. We routinely counsel banks, companies, credit unions, individuals, insurers and other financial institutions with regard to matters occurring before, and after, the commencement of a bankruptcy case with specific focus on how to protect their collateral in secured claims and realizing the maximum return on administrative and unsecured claims. In addition to seeking relief from stay, defending fraudulent and preferential transfer claims and improper property dispositions, we also assist our clients with the analysis and evaluation of proposed plans of reorganization, the formation of creditors’ trusts, and other related issues. Where appropriate, we represent clients in opposition or support of such plans or formations. In addition, we provide counsel in the preparation, prosecution and defense of proofs of claim and related matters.
Our attorneys have experience in specialized consumer regulatory compliance, and seek to help our clients find practical solutions and business practices to comply with regulations such as RESPA, Truth-in-Lending, Reg Z, Dodd-Frank, Sarbanes-Oxley and SAFE Act requirements, as well as address industry topics such as Fair Lending, Fair Credit Reporting, Fair Debt Collection Practices and the Equal Credit Opportunity Act. When clients face difficult, high-exposure class action litigation in lender liability or consumer law violations, they turn to our deep bench of lawyers with recognized success in class and multi-jurisdictional cases.
Our attorneys have a wealth of experience in the myriad types of legal issues facing the banking and financial services sector today. We are involved in industry-related organizations and stay abreast of all current developments and trends in the law to help clients develop strategies to minimize their exposure to litigation and regulatory action. Noted financial institutions count on us for critical legal advice across a full range of issues. Whether your institution is navigating through challenging industry-specific issues or dealing with day-to-day business matters, Jimerson Birr is capable of providing the legal counsel you need to ensure your business is protected and vindicated.
Who We Serve
- Community, Regional and Global Banking & Lending Institutions
- Credit Unions
- Mortgage Companies and Mortgage Services
- Factoring Companies
- Private Equity Firms
- Direct Private/Hard Money Lenders
WHAT WE DO FOR THE BANKING & FINANCIAL SERVICES INDUSTRY
Jimerson Birr recognizes that companies in the risky, complex, fast-paced, and heavily regulated banking and financial services sector depend on sound counsel for mission-critical operational, legal and regulatory issues. We are committed to the goal of helping banking and financial services companies and executives mitigate risk and prevent problems before they arise or escalate.
- We stay fully apprised of changes to banking and financial services laws and industry trends in order to proactively keep our clients informed through our educational efforts and industry wide training initiatives.
- We draft and interpret governing documents in a manner that will make the language more understandable, address the needs of the business, and bring the documents into compliance with changes in law or trends in the industry.
- Our dedication to efficient and cost-conscious practice of law, in conjunction with innovative and flexible compensation terms, enable us to help banking officers and financial service executives effectively plan and maintain their budgets without surprise.
- We have the resources and bandwidth to address legal issues which may occur in the everyday management and operation of the business.
Our Banking & Financial Services Industry Attorneys cover all aspects of a company’s legal needs, with specialty service offerings centered around:
- Special Asset Department Representation (Exit strategy, collateral diversification, note breach and collection, foreclosure, loan modifications & workouts, forbearance, short sales, bankruptcy)
- Chartering and Formation of New Banks, including De Novo Banks
- State and Federal Regulatory Compliance and Enforcement Defense (Bank Secrecy Act, FINRA, Data Privacy, Anti-Money Laundering, CFPB, Patriot Act)
- Secured and Unsecured Lending Transactions
- SBA 504 and 7a Loan Liquidation and Guaranty Recovery
- Construction Lending
- Garnishment and Subpoena Response
- Environmental Law (Review and Mitigation)
- Title Defect Analysis and Resolution
- Lender Liability and Consumer Law Defense (UCC and deposit account and collection disputes, predatory and unfair lending actions, statutory actions under state and federal deceptive trade practices acts and such federal statutes as TILA, HOEPA, RESPA, FCRA, FDCPA, FHA, HMDA, ECOA, EFTA, CRA, Gramm-Leach-Bliley Act, SAFE Act, CARD Act, and RICO, foreclosure and account servicing disputes, fiduciary duty claims, and a wide variety of consumer fraud and negligence actions)
- Troubled or Failed Bank Representation (Capital Directives, Prompt Corrective Action (PCA) Directives, Cease and Desist Orders, Memoranda of Understanding, FDIC Receiverships, Board Fiduciary Duty representation)
- Capital Raises
More than just Banking & Financial Services Law specialists, Jimerson Birr has a team of attorneys with experience and expertise in every legal issue you may encounter, including:
- Accounts Receivable and Judgment Collections
- Appeals
- Administrative Law and Licensing
- Arbitration & Mediation
- Bet The Company Litigation
- Bankruptcy and Restructuring
- Business Litigation
- Business Process Consulting
- Corporate and Board of Directors Governance and Operations Counsel
- Corporate Formation, Transactions and Dissolution
- Class Action Litigation Defense
- Data Privacy and Cybersecurity
- Disaster and Crisis Preparation and Response
- Economic Development and Government Incentives
- Eminent Domain Law
- Employment Law
- Environmental Diligence, Compliance, Permitting and Mitigation
- Executive Coaching
- Fair Credit Reporting Act Defense
- Fair Debt Collection Practices Act Defense
- Florida Consumer Collection Practices Act Defense
- Florida Registered Agent Services
- Governmental Relations and Advocacy
- Immigration Law for Businesses
- Insurance Procurement and Coverage
- Intellectual Property Protection
- Landlord/Tenant Leasing (Commercial)
- Land Use and Zoning
- Legal Opinions
- Opportunity Zone Investing
- Public-Private Partnerships
- Premises Liability
- Property Insurance Claims
- Property Tax Disputes
- Real Estate Transactions & Disputes
- Receiverships
- Records Management and Document Retention
- Shareholder Disputes and Derivative Litigation
- Subpoena Response
- Telephone Consumer Protection Act Defense
- Trade Secret Protection
- Vendor Contracting
- Workplace Safety, OSHA and CDC Compliance
We live by our 7 Superior Service Commitments
- Conferring Client-Defined Value
- Efficient and Cost-Effective
- Accessibility
- Delivering an Experience While Delivering Results
- Meaningful and Enduring Partnership
- Exceptional Communication Based Upon Listening
- Accountability to Goals
Attorneys
Charles B. Jimerson
Austin B. Calhoun
A. Hunter Faulkner
Austin T. Hamilton
Brandon C. Meadows
JoAnne Eichelberger
Deborah L. Ruiz
Melissa G. Murrin
Pierce J. Schultz
Stewart J. Subjinski
News
Managing Shareholder Charles Jimerson Shares Outlook for Firm Growth Amid Office Expansion in the Jacksonville News & Daily Record’s Marbut Report
Managing Shareholder Charles Jimerson shares outlook for firm growth amid office expansion in the Jacksonville News & Daily
Resources
Bankruptcy and its Effects on Foreclosure Proceedings
Q: How does the borrower filing bankruptcy change my commercial foreclosure filing? A: The filing of bankruptcy by a mortgagor
Actions, Requirements & Results of Foreclosure
Q: What are statutory notice requirements in Florida? A: With any assertion of default, compliance with notice provisions can
Lender Considerations & Options
Q: Why would lenders attempt to workout defaulted mortgage loans? A: Once a mortgagor (borrower) has defaulted, it is often
Client Success
