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Banking Litigation

Miami law firm assisting lenders, creditors, consumers and commercial clients
Attorney Paul Joseph McMahon and his staff handle regulatory, compliance and risk-management issues for our lender, creditor, consumer and commercial clients. We have 37 years of experience dealing with changing legal standards and helping our clients comply with rules and regulations. We offer litigation and advisory services across a broad range of legal issues, including but not limited to:

  • Banking regulations
  • Secured transactions
  • Commercial borrowing and lending
  • Consumer protection
  • Banking regulations

The Federal Reserve regulates banks, managing the nation’s money supply through monetary policies that stabilize inflation or deflation, moderate long term interest rates, or maximize employment opportunities. Lenders and borrowers watch opportunities rise and fall in relation to these systemic pressures. We work closely with financial institutions to implement policies in compliance with state and federal laws. The scope of our practice encompasses:

Regulatory matters    

  • Federal Reserve matters
  • Office of the Comptroller matters
  • Federal Deposit Insurance Corporation (FDIC) matters
  • Sarbanes-Oxley violations
  • Antitrust investigations

Compliance with state law

  • Affiliate or insider relationships
  • Anti-money laundering
  • Capital adequacy regulations
Bank representation

  • Conflicting claims against a joint account
  • Exercise of the right to set-off
  • Collections litigation
  • Allegations of unauthorized use of debit and credit cards
  • Creditors rights litigation
  • Creditor liens and loans

Secured transactions
Lenders may secure loans made to borrowers by requiring down payments or other collateral. In the event of default, the borrower cedes the right to collateral used to secure the loan. There are limits to what types of collateral may be used to secure a loan. We can advise you about any of the following legal issues:

  • Securitizations
  • Derivatives
  • Investment securities
  • Letters of credit
  • Audits
  • Loan workouts
  • Bankruptcy reorganization
  • Remedies under the Uniform Commercial Code (UCC)

Commercial lending and borrowing
Securing financing for business development or expansion can be difficult. Credit checks and due diligence may reveal risks or liabilities that could raise interest rates on the loan or otherwise impact the eligibility of your business for financing. We regularly advise clients about the following legal issues:

  • Promissory notes
  • Loans
  • Security and guaranty agreements
  • Blocked accounts
  • Deposit account control agreements
  • Joint accounts
  • Revolving credit
  • Term loans
  • Equipment leasing and finance
  • Letters of credit
  • Mergers and acquisitions
  • Purchase and sale agreements
  • Reorganization
  • Organization of holding companies
  • Lines of credit

Consumer protection
Since the mortgage bubble burst, many homeowners now owe more on their homes than those homes are worth. Many people face rising debts that exceed their current budgets. Others are shocked to discover they have been defrauded through bad checks, creditor liens and other financially devastating transactions. Paul Joseph McMahon knows the law and can help you protect your personal assets. We handle consumer-protection litigation as it relates to:

  • Truth in lending
  • Truth in savings
  • Equal credit opportunity
  • Fair lending
  • Electronic funds transfer
  • Fair Credit Reporting Act
  • Information privacy and security
  • Credit card regulations
  • Bounced checks and overdraft
  • Line-of-credit accounts
  • Mortgage loans
  • Deposit accounts
  • Credit card debt
  • Internet banking
  • Bill payment
  • Cash management services
  • Frozen accounts
  • Holds on deposits

Contact Paul Joseph McMahon in Miami today
If you need assistance with a banking matter, we can help you with all of the necessary details. Call us today at 305-285-1222 or contact us online to speak with an experienced attorney.