Banking & Finance

Solutions
driven

Overview

After facing the financial crisis and then years of sustained economic growth, saying that the past few years have challenged the banking industry would be an understatement. But as financial institutions of all sizes navigate our evolving economic environment, which includes thousands of pages of regulations to comply with, they face even more challenges. These issues include blending risk management into day-to-day operations; confronting innovative non-bank competition and technology changes; and creating growth and profitability within today’s fluctuating interest rate landscape. As such, it is critical that banking stakeholders partner with attorneys who intimately understand their clients’ concerns and have the broad experience needed to drive results.

Turner Padget’s Banking & Finance Industry Team has worked with banking industry clients since long before the financial crisis, and we are deeply invested in helping them succeed well into the future. We serve clients that include community banks and thrifts, regional and national banks, credit unions, mortgage lenders and brokers, and other financial services providers.

Our clients know that whether we are representing them in commercial financing, business litigation or employment issues, we have the industry knowledge to recognize clients’ unique needs and the legal know-how to support them. Whatever the call into action, we draw on practices across our firm to provide sound legal solutions and exceed client expectations.

Areas of focus include:

  • Board of directors issues
  • Business counseling and expansion
  • Commercial / business litigation
  • Employment disputes
  • Foreclosures
  • Lender liability litigation
  • Loan transactions
  • Problem loan work-outs and restructurings
  • Proxy issues and shareholder disputes
  • Service provider contracts
  • Trust department counseling and litigation
  • U.C.C. Articles 3, 4, and 9

Experience

  • Represented a lender in a complex commercial foreclosure involving multiple cross-collateralized loans secured by a variety of collateral, including condominiums, a restaurant and a retail shopping center.
  • Serve as counsel to a large South Carolina bank handling lending and finance representation in complex commercial transactions.
  • Acted as lenders' counsel for an agricultural bank in connection with a bond issue and operating loans to a large soybean processing company.
  • Defended bank trust departments and / or individual trustees against claims of breach of trust and other business torts.
  • Assist many financial institutions with bankruptcy issues.
  • Obtained dismissal of claims for negligence, breach of contract, and breach of fiduciary duty against a financial institution where the plaintiff alleged that the financial institution failed to determine and notify the plaintiff that his property was located in a flood hazard.
  • Represented a lender in a breach of guaranty action involving guaranty of payment for a $3.6 million real estate acquisition and development loan.
  • Provided tax advice to a lender regarding the lender’s Internal Revenue Service 1099 reporting requirements related to distressed real estate loans.
  • Handled numerous matters for a statewide banking client, including foreclosures, commercial collections and repossessions.
  • Frequently counsel lenders on foreclosures, deeds in lieu of foreclosure, loan restructurings, workouts, and receiverships and claim and delivery of personal property, as well as issues concerning at-risk properties and loans.

28 Attorneys

10 Super Lawyers