Banking & Insurance
Commercial banks, savings banks, loan servicers and others in the financial services arena rely on our firm to handle transactions and litigation with competence and efficiency. On the litigation side, we have represented lenders in diverse cases in the state and federal courts, the subject matter of which has included the UCC, electronic fund transactions, mortgage priority, TILA and RESPA, letters of credit, leasehold disputes, credit reporting and consumer fraud. Our signature litigation work for lenders has been in the area of negotiable instruments, where we have achieved many successful results by leveraging our expertise in Articles 3 and 4 of the Code, as well as related federal law. We have also represented lenders in the asset recovery area, including suits on notes and guaranties, as well as residential and commercial mortgage litigation. The firm assists in debt restructuring, loan modification and forbearance agreements and handles the post-foreclosure sale and transfer of OREO properties. We have a proven track record of representing lenders as creditors in bankruptcy proceedings, including matters involving stay relief, mortgage priority, lien avoidance, and fraudulent conveyance. On the real estate/facilities side, we have assisted banks in the purchase of real property for branch sites, the sale of closed branch and office locations, the negotiation of branch lease agreements, planning/zoning applications for branch expansions/signage installations and the negotiation of parking/access easements.
This firm has handled hundreds of real estate and construction-related cases as counsel to owners and mortgagees, appointed by title insurance carriers. The matters for which we have been engaged include quiet title litigation, boundary line disputes, fraud/forgery cases, mortgage priority disputes, attorney defalcation and negligence, tax foreclosures and mortgage cancellation actions. In addition to a long and successful history of representing these insureds, our experience in the professional negligence aspects of these cases makes F&M an excellent choice as defense counsel for lawyers, title agents, surveyors, contractors, real estate brokers, mortgage brokers, appraisers and notaries. The firm also acts as coverage counsel and/or represents the insurer as a party (plaintiff or defendant) in declaratory judgment cases. Our attorneys are experienced in the interpretation of insurance policies, and are familiar with the principles and presumptions that guide court interpretation of such policies. Matters handled for insurers include coverage disputes, bad faith claims, and policy rescission. Our attorneys are conversant with the allocation of insurance coverage where the claimant is insured by more than one carrier during the period in question or has other policies that potentially apply. They are also well-versed in the litigation of comparative negligence/joint tortfeasor contribution issues and the assertion of subrogation rights.