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Banking and Financial Services Litigation

The Spencer Fane Banking and Financial Services Litigation practice works to find expeditious resolutions to nonpayment of loans for traditional and nontraditional financial institutions, servicing entities, and collection agents, using a deep knowledge of statutes and procedures in these matters to identify beneficial outcomes for the parties involved.

Our experienced attorneys work to resolve all issues that can arise throughout the life cycle of a loan. We provide early case evaluation to assess potential exposure and offer alternatives that keep the financial interests of the client at the forefront. Because our attorneys litigate such cases regularly, we are well-equipped to handle them quickly and without wasting resources. Where litigation can be avoided, we advise clients in negotiations that can maximize returns.

Spencer Fane works with traditional financial institutions, nontraditional lenders, loan servicing entities, debt buyers, and debt collectors. For state-chartered and national banks, we frequently collaborate to find solutions that minimize losses in matters of nonpayment of commercial loans. We also defend these organizations against consumer claims relating to ECOA and UCC.

In addition, we provide consumer defense for servicing agents against individual lawsuits, class actions, or other multi-party actions. We frequently defend clients against FDCPA, FCRA, TCPA, RESPA, and TILA claims, as well as state consumer protection statutes. Our attorneys also have experience with trustees on bond deals to find creative solutions when repayment of the original investment may be in jeopardy — a process that often involves creative forms of alternative dispute resolution.