what lawyer i need to deal with my bank

First, if you are suing a bank, you do not want a criminal attorney and you probably do not want a foreclosure attorney. Instead, you want a commercial litigation attorney who has experience litigating against banks. I would definitely hire a litigation attorney that is knowledgeable in foreclosure and banking law.

Full Answer

Why hire a banking&finance lawyer?

You've come to the right place. Whether you are a bank, bank officer, or company that offers banking services, a banking & finance lawyer can help. Banking & Finance lawyers help with compliance matters and provide regulatory solutions to help keep your business running smoothly.

Can a lawyer sue a bank?

Most law firms are not competent to sue banks either due to inexperience (commercial loans, mortgage commitments, loan securitization issues, and CMBS problems are a complex and evolving field) or level of resources (banks put unlimited money into herds of lawyers who create more paper than the New York Times) available;

What to look for when hiring a financial lawyer?

Reputation: The reputation of a financial lawyer is an important factor to consider. A financial lawyer with a good reputation in a specialized area of finance law will give you the best results. Personality: Everyone has a different personality.

How can a financial services lawyer help me with debt?

Debts and Collections: A financial services lawyer can give you advice about debt and collection laws. An experienced lawyer can make sure that any debt collectors are following the rules for collecting debt. Also, they will know about the specific rules under The Fair Debt Collection Practices Act (“FDCPA”).

Can I sue my bank for their mistake?

If you think a bank has been unfair or deceptive in its dealings with you, or has violated a law or regulation, you have the right to file a complaint. The Federal Reserve is particularly concerned that state member banks comply with federal laws and regulations that prohibit discrimination in lending.

Do banks have their own lawyers?

Most commercial banks have a list of attorneys with whom they have established a relationship over the years who are experienced in handling commercial transactions.

Can you sue a bank for not refunding your money?

Unfortunately, banks are a business and are sometimes more interested in holding onto their own profits than doing what's right for their customers. So, if you've been a victim of fraud and the bank does not cooperate, can you sue them? In most cases, the answer is, sadly, no.

Can you sue a bank for stress?

Usually you can sue only for monetary damages, but in some cases you can be awarded damages for emotional distress and inconvenience as well.

What does a lawyer at a bank do?

This involves drafting and negotiating contracts that set out the terms of various financial arrangements. Banking and finance lawyers also provide legal advice to organisations engaged in large transactions, such as mergers and acquisitions, initial public offerings, and even liquidations.

What does a banking lawyer do?

A financial services lawyer is a lawyer who practices within the financial industry. This includes areas like retail and investment banking, derivatives, capital markets, structured finance, funds, asset management, insurance, stock brokerages and any other business that deals with the management of money.

Is it illegal for a bank to hold your money?

Federal regulations allow banks to hold deposited funds for a set period, meaning you can't tap into that money until after the hold is lifted. But the bank can't keep your money on hold indefinitely. Federal law outlines rules for funds availability and how long a bank can hold deposited funds.

How long can a bank legally hold your money?

The Federal Reserve requires that a bank hold most checks before crediting the customer's account for no longer than a “reasonable period of time,” which is regarded as two business days for a same-bank check and up to six business days for one drawn on a different bank.

Where do I report a bank for unfair practices?

The Federal Reserve urges you to file a complaint if you think a bank has been unfair or misleading, discriminated against you in lending, or violated a federal consumer protection law or regulation. You can file a complaint online through the Federal Reserve's Consumer Complaint Form.

What is bank negligence?

Malpractice in banking occurs when a professional within banking, for instance, is negligent in their work, and, in turn, bring some form of harm to their client's assets.

How do you file a complaint against a bank with the FDIC?

You can submit your complaint or inquiry online at the FDIC Information and Support Center at https://ask.fdic.gov/fdicinformationandsupportcenter/s/. Alternatively, you can submit a complaint via mail to the Consumer Response Unit at 1100 Walnut Street, Box#11, Kansas City, MO 64106.

Has anyone ever sued a bank?

In 2017, a proposed rule from the Consumer Financial Protection Bureau that protects banking consumers was denied. Consumers currently cannot sue banks and are forced to settle for out-of-court arbitration. However, there are instances where you can sue banks in small claims courts.

Our Methodology

Recognition by Best Lawyers is based entirely on peer review. Our methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.

Practice Area Definition

Banking and finance law addresses the organization, ownership, and operation of banks and depository institutions, mortgage banks, other providers of financial services regulated or licensed by state or federal banking regulators, and holding companies (“bank and other financial organizations”).

What is a litigation attorney?

A litigation attorney with experience in business law and transnational law. There may not be an exact pigeon whole for this type of attorney for this specific type of case.

Do you want a criminal attorney if you are suing a bank?

I wholeheartedly second the comments of my colleague Mark Tischhauser.#N#First, if you are suing a bank, you do not want a criminal attorney and you probably do not want a foreclosure attorney. Instead, you want a commercial litigation attorney who has experience litigating against banks.

Types of Bank Fraud

Credit card companies and banks can use a variety of tactics to take advantage of their customers, including:

Our Featured Bank Fraud Lawsuits

Gibbs Law Group filed a class action lawsuit on behalf of customers of Providian Financial credit card services, alleging that Providian engaged in a variety of fraudulent business practices, including assessing unauthorized charges.

Report Bank Fraud to our Consumer Attorneys

Speak with our consumer attorneys by filling out the form to the right.

What does an experienced lawyer do for debt collectors?

An experienced lawyer can make sure that any debt collectors are following the rules for collecting debt. Also, they will know about the specific rules under The Fair Debt Collection Practices Act (“FDCPA”). A specialized attorney will also know debt collector harassment laws.

What is financial services lawyer?

A financial services lawyer is an attorney who helps people with financial legal issues. This kind of lawyer often specialize in a certain type of finance law. A financial lawyer can help clients with a wide variety of financial matters. Finance law includes many different specific areas of law. Finance law deals with the rules ...

What is an annuity lawyer?

Insurance and Annuities: A financial services lawyer can help you understand your insurance or annuities. An annuity is a contract used to create a savings or retirement plan. A financial services lawyer can explain the details of your annuity contract.

What kind of lawyer can help with taxes?

Depending on your specific situation, different tax laws will apply. A financial services lawyer that specializes in tax law can help you file your taxes. They will explain what tax laws affect your personal taxes or your business’ taxes. They can offer advice during the entire process of filing your taxes.

How does bankruptcy affect your life?

If your business is involved in bankruptcy, they can tell you how to best protect your company’s assets during the entire process .

What is the reputation of a financial lawyer?

Reputation: The reputation of a financial lawyer is an important factor to consider. A financial lawyer with a good reputation in a specialized area of finance law will give you the best results. Personality: Everyone has a different personality.

What is finance law?

Finance law includes many different specific areas of law. Finance law deals with the rules that apply to financial matters. Finance law includes topics like insurance, investments, commercial banking, capital marketing, etc. Finances are very important in your everyday life.

What is lender liability?

Typically, lender liability claims arise when a financial institution or fiduciary violates a duty of good faith or fair dealing to its customer – borrower or has assumed such a degree of control over the borrower that it assumes a fiduciary duty.

Can law firms sue banks?

Most law firms are not competent to sue banks either due to inexperience (commercial loans, mortgage commitments, loan securitization issues, and CMBS problems are a complex and evolving field) or level of resources (banks put unlimited money into herds of lawyers who create more paper than the New York Times) available;

Do banks care about interest?

Banks and private lenders in these situations often DO NOT CARE ABOUT INTEREST. They care about WINDFALLS – usurious compounding fees and interest, plus, ideally for them – taking away a valuable asset – your company, your buildings, your money; at a fire sale price.

How long can you be in jail for bank fraud?

If you are convicted of bank fraud in federal court, you could face up to 30 years imprisonment, a fine of up to $1 million or both. Bank fraud is a federal crime and is prosecuted as such. Other, similar crimes, such as check fraud, for example, may instead be tried in state courts and carry their own penalties.

What is bank fraud?

Bank fraud takes place when an offender knowingly defrauds or tries to defraud a financial institution, or schemes to get money, credit, an asset or other property that is owned by a financial institution under fraudulent pretenses. For example, you can be charged with bank fraud if you intentionally or unintentionally defraud a financial ...

What are the defenses against embezzlement?

The most common legal defenses used against federal bank fraud or embezzlement charges involve questioning whether the defendant knowingly made false statements with the intent to mislead the victim (s) of the crime and that the victim (s) also relied on this false information to incur a financial loss.

Overview

Holland & Knight's Banking Group thoroughly understands the fundamental concepts and interrelationships of these complex laws and regulations as well as the nuances necessary to navigate through them both safely and favorably.

The Regulatory Framework

Our lawyers have substantial knowledge of and experience in the federal, state and international regulatory schemes within which banks and other financial institutions operate. We routinely represent banking clients before the Federal Reserve, the OCC, the FDIC and state banking departments.

International Banking

Our International Banking Practice is diverse, both in terms of the clients we serve and the range of legal services provided.

Bank Products and Services

Our team frequently provides legal advice and assistance to banks in structuring the sale and delivery of retail products and services to their customers, and in preparing the contractual documents necessary to effect the transactions.

Consumer Lending

Our team has substantial knowledge of the laws and regulations pertaining to consumer lending, including the Truth in Lending Act, the Fair Credit Reporting Act, the CARD Act, the Real Estate Settlement Procedures Act, the Fair Debt Collection Practices Act, the Home Mortgage Disclosure Act, the Community Reinvestment Act, the Fair Housing Act, the Equal Credit Opportunity Act, and the various regulations that implement these laws, as well as relevant state laws and regulations and any pre-emption issues surrounding those state laws and regulations.

BSA and USA PATRIOT Act Compliance

Recognized for our knowledge and experience with Bank Secrecy Act (BSA) compliance, our Banking Group attorneys frequently lecture on the BSA at national anti-money laundering conferences and seminars, and have published nationally on the law and its provisions.

Mergers and Acquisitions

Our attorneys have represented numerous financial institutions in connection with various corporate acquisitions, dispositions, consolidations, mergers, receiverships, reorganizations, re-capitalizations and cross-border M&A transactions.