DEFENSIVE LITIGATION

We routinely represent credit unions, state and national banking associations, and other financial institutions, in defensive litigation related to all of our practice areas. From check cases, lender liability, UCC issues, embezzlement, fraud, and consumer protection, our Team of litigators is well versed in all of these issues and can offer trusted advice and counsel.

Special assets

At Simon PLC, the financial institution legal Team recognizes the importance of counteracting the issues that arise with non-performing loans. Simon PLC works with special assets clients to create a custom plan for every step of the recovery process, from workout agreements to bankruptcy and every option in between.

UCC Articles 3 and 4 instruments and deposits

Simon PLC Attorneys and Counselors has a comprehensive understanding of the relationship between financial institutions and their customers, and the duty of care that they owe to one another. Our unique roster of litigators and former in house bank attorneys routinely handle matters involving UCC Article 3 negotiable instruments, and UCC Article 4 bank deposits and collections. From forgery and alteration, to warranties of transfer and presentment, our Team can guide these disputes to creative and expedient resolution.

Receiverships

Retail banking center issues

Since our formation, Simon PLC has always built a level of trust and respect with the in-house financial institution counsel while still respecting their autonomy. Many of our former clients have become our colleagues and are available to share their veteran experience and knowledge of banking operations, systems, procedures and reporting with regard to retail banking products, branch services, and colleague issues. Our client support routinely includes training and advice on deposit account agreements, official checks, wire services, money laundering, ATM, mobile banking, creditor disputes, priority, consumer issues, EFT, IOLTA, Check 21 Act, Federal Regulations, consumer protection, credit reporting, suspicious activity reports and audits.

Loan workouts

Simon PLC’s financial institution legal Team can skillfully resolve a default on behalf of a creditor in order to minimize losses and maximize recovery to provide ample protection for the financial institution, while also maximizing the opportunity for the full repayment to eventuate.

Bankruptcies

Our Team regularly reviews and advises our clients on seeking objections to discharge, relief from automatic stay, defending creditor’s rights and recovering priority collateral assets. We have been engaged as counsel, joined creditors’ committees, and represented major creditors in bankruptcies and liquidations. Our experience extends to dealing with fraudulent transfers, the actions of former officers and wrongful practices by or for the debtor to the detriment of creditors.

COMMERCIAL LENDING LITIGATION

Simon PLC has extensive experience representing lenders in commercial lending disputes, whether it’s to enforce or defend the lender’s interests.

Lender liability defense

Financial institutions occasionally confront lender liability lawsuits premised on a disgruntled customer’s use of common law or statutory theories to bolster their claims. Whether these are allegations asserting failure to follow rules and regulations, illegality, foreclosure disputes, asset seizure, libelous conduct, or the disposition of collateral, the financial institution Team at Simon PLC can defend lenders from these complaints or counterclaims.

Article 9 and Security Interests

Our Team of transactional attorneys and litigators regularly draft and perfect, and when necessary, defend and enforce, secured transactions. We represent financial institutions, creditors and lenders in the documentation of financing, audits, asset based lending and workouts. Our transactional attorneys can structure and perfect collateral interests for creditors. Meanwhile, our collections and litigation team members routinely enforce these interests by self-help, claim and delivery, receivership, and other methods. Whether tangible or intangible, from accounts receivable and automobiles, to liquor licenses and mortgages, our Team has the experience to enforce our clients’ rights in all levels of secured financing.

Default Servicing & Foreclosure

Simon PLC handles judicial and non-judicial foreclosures for residential and commercial properties for all states in which we practice.  Our unique and extensive experience in banking litigation allows our firm to provide a true “full service” experience to our clients as we are able to retain all files and handle all related litigation as contested issues arise. 

COLLECTIONS

We distinguish ourselves in the field of collections by maintaining a traditional approach. Where others have abandoned creditor’s rights enforcement to call centers and form letters, we instead maintain a Collections Team of attorneys who individually review, monitor and achieve results for our clients. We pride ourselves on making recoveries where others have failed and we do this by merging our experience and technology infrastructure into our historical focus on achieving results. We pursue indebtedness that is commercial, consumer, agricultural, installment based, accounts receivable, lines of credit, secured, unsecured. We at all times govern ourselves by the applicable regulations, consumer statutes, and the FDCPA.

Financial Services and Transactional Group

The Financial Services and Transactional group at Simon PLC provides a full range of contracts and documents for commercial and financial institution clients. We have always staffed the group with veteran in house attorneys from financial institutions and commercial attorneys with business insight. Our attorneys have had an opportunity to encounter just about every type of transaction contemplated by businesses or borrowers and to coordinate with agents, underwriters, participants and lenders to close these deals. Simon PLC has our clients covered for loan origination, negotiation, structuring and documentation. We have decades of experience in real estate secured loans, construction, lines of credit, asset based secured lending, SBA lending, and private banking transactions. We routinely work on the purchase, sale, and leasing of collateral and real estate for investors and developers. Our unique multi discipline Firm also allows opportunities for training and counseling on issues of lender liability and loan structuring, while providing full support for bankruptcy, foreclosure, and litigation.