Consumer Finance & Banking

Jorden Burt's Consumer Finance & Banking Industry Group lawyers have extensive experience counseling and representing banks, finance companies, lenders and other financial service industry clients in state, federal and bankruptcy court litigation, and arbitration.

Our lawyers regularly represent banks and other lenders in enforcing secured and unsecured loans including commercial real estate loans, auto floor plan financing, retail motor vehicle, and vessel finance contracts, and asset based financing.

Our creditors' rights/loan workout team has structured several successful commercial mortgage loan workouts so as to avoid protracted litigation, while ensuring that the lender's position was strengthened in return for any forbearance. When options for uncontested resolutions are not possible, our lawyers adeptly and vigorously enforce lender rights in state and bankruptcy courts. Our Industry Group Chair formerly chaired the ABA Banking Law Committee's Loan Workouts and Bankruptcy Subcommittee and currently Chairs the ABA Commercial Finance Creditor's Rights Subcommittee.

Jorden Burt lawyers represent lenders in complex state and bankruptcy court litigation against borrowers, guarantors, controlling persons, and related entities for fraudulent procurement of financing, misuse of loan proceeds and other borrower mismanagement, accounting fraud, and fraudulent disposition and transfers of assets. We also represent lenders in receiverships and assignments for the benefit of creditors.

We regularly defend banks and other financial service industry clients in individual and class actions alleging claims based on lender placed insurance, unfair and deceptive trade practices, and violations of federal consumer financial protection legislation, including the Truth in Lending Act ("TILA"), Fair Debt Collection Practices Act ("FDCPA"), Fair Credit Reporting Act ("FCRA"), Fair Credit Billing Act ("FCBA"), and state laws applicable to consumer financial transactions and collection practices. Ever mindful of the business aspects of such litigation, we have succeeded at achieving quick solutions through prompt and thorough investigation of such claims with our clients, followed either by dispositive defensive motions, or economically sound, confidential settlements. Our clients know and appreciate us for our cost-effective and business-wise approach to defending these matters.

Our lawyers also regularly counsel on compliance issues related to federal consumer financial protection laws including the FDCPA, TILA, FCRA, and FCBA, as modified by Dodd-Frank, as well as Consumer Financial Protection Bureau ("CFPB") regulations and state statutes regulating consumer and real estate finance.

Representative Matters

• Defended several class actions alleging claims based on lender placed credit insurance.
• Defended several class actions alleging violations of the Telephone Consumer Protection Act ("TCPA").
• Defended national class action alleging violations of FDCPA.
• Defended national payment posting class action against international credit card bank.
• Represented banks in several multimillion dollar commercial real estate loan foreclosures and workouts involving shopping centers, residential developments, and residential and office condominiums.
• Domestication and enforcement of out-of-state bank judgments against commercial debtors.
• Represented national motor vehicle floor plan financier in numerous litigation matters against dealers, including collection on notes and guaranties, recovery of inventory, enforcement of lender rights in dealer bankruptcy, and adversary proceedings objecting to dischargeability of guarantors.
• Represented local and national indirect retail consumer motor vehicle finance lenders in general litigation, bankruptcy litigation, and in defense of consumer claims for alleged violations of TCPA, Florida Consumer Collection Practices Act ("FCCPA"), and other consumer protection laws and counsel industry clients on dealer agreements and guaranties and consumer contracts.
• Represented indirect commercial equipment financier (purchase of commercial equipment leases) in claims on leases, and in complex litigation against former dealer for breach of contract and fraud.
• Successfully domesticated and collected U.K. judgments obtained by the Society of Lloyd's against United States names in New York.
• Defended multinational bank card issuer in several consumer cases alleging violations of FCRA and FCBA.
• Represented bank after foreclosure and acquisition of title in commercial property in adversary proceeding against debtor/former owner to establish easement in property abutting property acquired by bank after foreclosure.
• Represented bank holding security interest in collateral in commercial warehouse in successful action against landlord to defeat landlord's lien and recover bank collateral in commercial warehouse.
• Represented indirect consumer finance lender/purchaser of consumer motor vehicle retail installment paper in complex federal court litigation against seller of GPS locators installed in vehicle collateral in connection with mass failures of GPS locating devices, including claims for breach of contract, breach of express and implied UCC warranties, negligent and fraudulent representation, and unfair and deceptive trade practices.
• Represented multinational bank with New York judgment in enforcement of judgment against Venezuelan national who moved to Florida and filed bankruptcy to avoid collection activity; discovered fraudulent transfers in bankruptcy resulting in bankruptcy court order denying the debtor a bankruptcy discharge under Section 727.
• Represented commercial landlord/franchisees in bankruptcy of restaurant franchisor, obtaining orders for payment of rent/adequate protection.