Banking
Having represented banks and nonbank financial service providers for decades, Turner Padget’s attorneys have extensive experience assisting clients with virtually all aspects of a financial institution’s legal representation. Our clients include community banks and thrifts, regional and superregional banks, credit unions, mortgage lenders and brokers, and other financial services providers. We represent our clients in a variety of business transactions, business litigation, commercial financing and employment counseling.
Our attorneys also understand the differences between community banking and banking that is regional in nature. These differences are real, and our services are tailored to best suit the needs of our clients, their shareholders, customers and the community they serve. From community and regional banks and their holding companies, to bank subsidiaries providing related financial services such as insurance agencies, broker-dealers and investment advisers, our attorneys advise community banks on all aspects of their business. Whatever the issues facing your bank, our attorneys partner with you for a successful outcome.
Experience
Our attorneys have experience in matters related to:
• New bank and bank holding company formations
• S corporation elections
• Mergers and acquisitions
• Branch purchases
• Corporate securities and debt/equity offerings
• Stock splits, exchanges, tender offers and reclassifications
• Service provider contracts
• Proxy issues and shareholder disputes
• Board of directors issues
• Business counseling and expansion
• Loan transaction
• Regulatory applications
• State and federal licensing
• Regulatory, enforcement; compliance matters
• Bank operations and compliance
• Brokerage and insurance services
• Commercial/business litigation
• Problem loan work-outs and restructurings
• Foreclosures
• Lender liability litigation
Representative Clients
- Served as primary outside counsel for a regional bank with approximately 10 offices located throughout South Carolina and performed the same duties for many years when the bank was merged into a national banking company.
- Represented lender in complex commercial foreclosure involving multiple cross-collateralized loans secured by a variety of collateral, including condominiums, a restaurant and a retail shopping center.
- Represented lender in breach of guaranty action involving guaranty of payment for a $3.6 million real estate acquisition and development loan.
- Provided tax advice to lender regarding lender’s Internal Revenue Service 1099 reporting requirements related to distressed real estate loans.
- Obtained dismissal of claims for negligence, breach of contract, and breach of fiduciary duty against a financial institution where the plaintiff alleged that the financial institution failed to determine and notify the plaintiff that his property was located in a flood hazard.
- Handled numerous matters concerning forged checks, wire fraud, ACH fraud, and identity theft.
- Frequently counsels lenders on foreclosures, deeds in lieu of foreclosure, loan restructurings, workouts, and receiverships and claim and delivery of personal property, as well as issues concerning at-risk properties and loans.
- Regularly advises lenders on day to day issues concerning their operations.