Banking & Lending

We represent banks, financial institutions, commercial lenders, insurance companies, private lenders, and individual creditors in a wide variety of transactions.

Our practice is sophisticated enough to handle large-scale, multi-state, multi-million dollar deals for the largest national banks and we serve individual clients who need legal assistance with basic matters.

Banking Operations

We regularly assist our financial institution clients with advice and technical assistance on operational issues.  Here are a few examples of how we can help:

  • Compliance with the Dodd-Frank Wall Street Reform and Consumer Protection Act statute and forthcoming regulations
  • Intrepreting statutes and regulations promulgated under CFR 12 – Banks and Banking
  • Compliance with FDIC guidance or mandates regarding operations, HUD’s Reg X Real Estate Settlement Procedures Act, Fair Credit Reporting Act, and other relevant laws and administrative rules
  • Interpretation, guidance and technical assistance on Federal Reserve “lettered” regulations
  • Technical assistance on garnishments, loan documentation and standard forms review, electronic fund transfer payment systems, and deposit insurance coverage

Legislative Drafting & Review

For over 35 years, we have been involved with reviewing and drafting legislation affecting Oregon’s community banks.  Our experience gives us a deep knowledge of the statutory and regulatory framework in which community banks and financial institutions operate.

Lending & Creditor’s Rights

Our services are focused on protecting and enforcing creditor’s rights, including:

  • Practical advice regarding financial, business, and property transactions
  • Review, drafting, and negotiation of loan documents, financial instruments, and restructuring transactions, both routine and complex
  • Loan modifications, assignments, amendments, consents, waivers, workouts, forbearance agreements, deed or bill of sale in lieu of foreclosure, etc.
  • Cost-effective hiring and management of local counsel across the country
  • Secured transactions under Uniform Commercial Code (UCC) Article 9, including creation, perfection, and priority of security interests as well as default and remedies
  • Sales and leases of goods under UCC Article 2 and 2A, including issues of contract formation, performance, breach, repudiation, and forfeiture
  • Protection and recovery of collateral and real property assets through negotiation and enforcement of rights, including attachment, and writ of execution or garnishment
  • Representation of secured and unsecured parties’ rights in bankruptcy and creditor’s committee proceedings, receiverships, and defense of preference claims
  • Judicial and non-judicial real estate foreclosures; construction lien foreclosures
  • Collection actions, enforcement of judgments, including pre-judgment and post-judgment actions
  • Litigation of lender liability and fraudulent conveyance claims