Banking, Mortgage, and Financial Services
Banks and other financial institutions face a dizzying array of legal and regulatory requirements that affect their daily decisions in all areas of operation. The financial crisis has provoked new legislation and so many changes that virtually every aspect of banking is now under the microscope. We work with banks, special servicers and other financial institutions in legal matters including commercial litigation, collections, labor and employment, special/problem asset (loan) remediation, and commercial and multi-family foreclosures in Florida and Alabama.
- Class actions
- Deposit, Payment Systems
- Lending/lender liability
- Commercial litigation
- Consumer litigation, including FCRA, FACTA, FDCPA, TILA, ECOA
- Premises liability
- Labor and employment
- Insurance coverageVendor issues
- IP license/infringement matters
- Prevention (employee education, customer dispute resolution)
- Management (assistance in establishing/monitoring litigation reserves; management of out-of-state litigation)
- Develop/implement compliance policies
- Manage response to document requests/subpoenas
Commercial Foreclosure/Problem Loan Remediation
- Foreclose commercial property
- Deficiency/recovery litigation
Response to Regulatory Inquiry
- Immediate response/interface with regulatory authorities seeking information and documents
- Conduct internal investigations
- Identify/preserve evidence
- Structure/negotiate resolution
- Federal and Florida Unfair Debt Collections Act
- Federal and Florida Consumer Collections Acts
Florida is a debtor's heaven, with homesteads and other devices for evading collections. RKC attorneys have experience tracking down and seizing assets to satisfy judgments. We provide services in commercial collections. Much of this work is repetitive in nature, allowing RKC to collect accounts receivable in a cost-effective, efficient manner. We try to resolve many cases through an enforceable payment plan filed with the court. When such resolution is not possible, RKC attorneys aggressively pursue judgments through litigation and enforce those judgments through garnishments and levies.
- RKC is representing one of the nation's largest banking institutions in the pursuit of injunctions to terminate the activities of a fraudulent arbitration service. The "arbitration service" offered itself as a means of allowing debtors to evade their obligations.
- The firm represents a major Southeastern banking institution in the defense of lawsuits arising out of mortgage loan disputes.
- A respected Midwestern bank retained RKC to serve as local counsel in litigation brought by over 100 IRA investors, victims of a fraudulent pyramid scheme perpetrated by a now-incarcerated business owner. The victims invested in the fraudulent business through IRAs, for which the Bank was mere custodian.