Financial Services Litigation

New legislation and accompanying regulations have thrust financial services institutions 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 alphabet soup and keep themselves updated about state and federal rules, and the agencies that enforce them. We represent commercial lenders, consumer lenders, credit unions, finance companies and credit card issuers in a wide range of matters. We provide advice to clients on compliance issues and are experienced litigators, having represented clients at the local, regional and national level. We provide counsel in many forums, be it arbitration, mediation, administrative hearings or at trial. Our attorneys defend financial institutions against single claims, mass claims and class actions involving both servicing disputes and origination disputes.

Banking, Mortgage and Consumer Loans

Our attorneys provide compliance advice and handle litigation for commercial and consumer lenders, finance companies, creditor lenders, mortgage lenders, mortgage originators, credit unions and credit card issuers. We have handled a broad range of matters, including serving as local, regional and national counsel in matters involving unauthorized transfers, actions to recover from principals and lender misconduct.  We also represent financial institutions and investors in state and federal actions brought by borrowers.

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