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Banking & Finance

McDonough Holland & Allen's Banking and Finance group is a multidisciplinary group of attorneys experienced in representing foreign and domestic commercial banks, savings and loan associations, mortgage banking companies, credit unions and other financial services companies, as well as public agencies, in a wide range of transactional, litigation and creditor's rights, compliance, operations, legislative and trust matters.

The broad spectrum of services offered by the Banking and Finance group includes the following:

Transactional Services

The group provides a variety of transactional services to meet our clients' financial services needs, including:

• Real property secured loans, including acquisition, development and construction loans for residential tract developments, construction and permanent loans for all types of commercial properties, and loans in affordable housing transactions
• Commercial finance, including asset-based loans, agricultural loans, working capital lines of credit, fixed asset financings and mixed collateral transactions
• Letter of credit facilities, including credit enhancement for bond issuances
• Multi-lender credits, including syndicated credits, participations, and collateral agency and various intercreditor arrangements
• Mortgage banking and secondary market, including whole loan sales, sales of loan pools and sales of servicing rights
• Corporate facilities, including leasing, disposition and environmental issues
• REO, including management, disposition and environmental issues
• General corporate matters

Litigation

Our litigators represent clients in lender liability claims, mortgage actions, loan workouts, judicial and non-judicial foreclosures, quiet title actions, letters of credit disputes, and commercial paper disputes. We support clients in all phases of loan workouts assessing all available remedies from workout transfers to trustee writs and attachments. Other areas of experience include:

• Payment disputes in construction loans, including mechanic's liens, stop notices and construction disputes
• Operations litigation
• Lien priority disputes
• One action and anti-deficiency matters
• Usury

Creditor's Rights

Our attorneys handle creditor's rights matters such as:

• Loan workouts and restructurings
• Deeds-in-lieu of foreclosure and voluntary liquidation
• Enforcement proceedings, including collections, foreclosures and receiverships, as well as defense of proceedings to enjoin enforcement
• Bankruptcy, including automatic stay and cash collateral litigation, creditor's committee representation, debtor-in-possession and plan confirmation financing, and pre-negotiated and pre-packaged Chapter 11's

Regulatory and Operations

Our Banking and Finance group attorneys provide advice and counsel on a wide range of regulatory and operations issues, including:

• Regulatory compliance
• Residential mortgage lending
• Operations
• Licensing

Trust Departments

Our Banking and Finance group attorneys routinely advise bank clients on all aspects of trust department operation.