Banking

New legislation and accompanying regulations have thrust the banking industry into a state of flux. With the passage of the Dodd-Frank Wall Street Reform and Consumer Protection Act, and the establishment of the Consumer Financial Protection Bureau, banks and mortgage companies need legal advisors who understand the complex web of existing rules and proposed new ones.

Attorneys at Baker Sterchi have extensive knowledge of the regulatory landscape and keep themselves updated about state and federal rules, and the agencies that enforce them. We represent commercial lenders – including having acted as national counsel for a mortgage company – consumer lenders, credit unions, finance companies and credit card issuers in a wide range of matters. Our experienced litigators defend financial institutions against single claims, mass claims and class actions involving both servicing disputes and origination disputes. We have handled litigation needs of our clients in cases at the local, regional and national level, providing counsel in many forums, including before administrative agencies, at arbitration proceedings and at trial.

We handle litigation involving the following representative matters: 

• Errors and omissions committed by officers and directors including claims of theft and fraud
• Negligent and fraudulent misrepresentation
• Predatory Lending, TILA violations
• RESPA
• MDIA
• FDCPA
• FCRA
• EFTA
• FCBA
• Regulation Z
• Truth-in-Savings Act
• Gramm-Leech-Bliley Act
• Electronic Funds and Transfer Act
• E-sign and Uniform Electronic Transactions Act
• HOEPA
• ECOA
• RICO
• HOLA
• TCPA
• DIDMCA
• UDAP laws
• Missouri Merchandising Practices Act violations
• Conversion and breaches of the Uniform Commercial Code
• Security interest priority actions involving repossession of secured collateral
• SEC violations
• Artisans’ liens, breach of contract actions
• Check honoring issues

Before the threat of litigation arises, we work closely with our clients to make sure they are in compliance with all relevant statutes and regulations.

We are also able to represent our financial industry clients in a broad range of other legal matters, including commercial litigation; employment and labor; appellate; and professional liability matters.