Banking and Financial Services

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 bilateral transactions. For these clients we provide sound legal guidance on mission-critical legal and regulatory issues, with specific focus on loan and financing transactions, collections, foreclosures, workouts, 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.

Jimerson Birr maintains a strong foreclosure practice and has represented a number of state and regional banks in connection with commercial and consumer foreclosure, collateral repossession and loan workouts. Typical banking matters we work on include:

  • Representing lenders and banks in secured and unsecured commercial and consumer loans
  • Representing lenders and borrowers as local counsel in complex venture-financing transactions involving Florida collateral or parties
  • SBA 504 and 7a loan liquidation and guaranty recovery
  • Lending representation, such as commercial, industrial and asset-based lending and commercial and construction mortgage lending throughout the United States
  • Advising banks and other lenders on licensing, compliance and similar regulatory matters
  • Representing banks and private lenders in workouts, contested foreclosures, receiverships, and proceedings to enforce security interests
  • Representing creditors in adversary proceedings, relief-from-stay proceedings, and similar matters before the federal or bankruptcy courts
  • Matters ancillary to defaulted loans involving tenants and leases, assignment of rents, enforcing UCC liens on business property and equipment, and pursuing claims on guaranties
  • Representation of secured and unsecured creditors on various bankruptcy matters, including adversary proceedings, relief from stay, asset sales, creditor’s committees, plan evaluation and claim filing

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.

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 S.A.F.E. 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.

Our attorneys have a wealth of experience in the myriad types of legal issues facing the 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.

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