Banking

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Overview

Modrall Sperling's banking and financial institutions lawyers have a long and proud tradition of serving the multi-faceted needs of our clients through both outside counsel and in-house counsel positions.  Two of our lawyers served as General Counsel and Associate General Counsel, respectively, to Boatmen's Sunwest, Inc.  Boatman's Sunwest owned more than a dozen banks throughout New Mexico and in El Paso, Texas.  Our lawyers continue to represent numerous other large and small financial institutions as outside counsel in public finance, real estate and asset based secured transactions, other loan transactions, regulatory and consumer compliance matters, trust matters, workouts, foreclosures and bankruptcies.

Attorneys

Experience

Our banking attorneys have a wealth of experience serving banks, bank holding companies, institutional lenders, businesses and individuals as lenders and borrowers whom we have represented since the inception of our firm.  Drawing on our related experience in municipal finance work, real estate transactions, bankruptcy and creditors' rights matters, business and business entities, regulatory practice and taxation, as well as our work with a multitude of industries served by our firm as a whole, we are adept at handling all facets of the challenges faced by financial institutions.

We have served clients in a wide range of matters, including:

  • Formation of bank holding companies, banks and branches
  • Acquisition of banks and branches
  • Documentation of deposit relationships
  • Negotiation and documentation of complex loans, including transactions involving public financing
  • Negotiation, documentation and interpretation of commercial and standby letters of credit
  • Loan workout negotiations and documentation
  • Foreclosures, collections and bankruptcies of all types
  • Trust agreements and related documents
  • Trustee counsel and counsel for private banking customers
  • Complex real estate matters and transactions
  • Environmental considerations in lending and real estate transactions
  • Mergers, acquisitions, assets sales and due diligence reviews
  • Secured and unsecured working capital loans
  • Real Estate and Asset based loans
  • Construction financings
  • Agricultural financings
  • Taxable and tax exempt bond financings
  • Renewable energy project financing
  • Regulatory compliance
  • Mortgages and deeds of trust
  • Collateral bonding and letters of credit for mining facilities and mine closures
  • Financing and real estate development in Indian Country
  • Industrial revenue bonds and associated tax issues
  • Third-party and private equity financings
  • Leases, indentures, purchase agreements, etc.
  • Zoning and ordinances
  • Bankruptcy reorganizations and creditor's rights
  • Commercial litigation in federal, state, bankruptcy and tribal courts
  • Unfair Trade Practices and Fair Debt Collection Act issues
  • Alternative dispute resolution methods
  • Distressed assets matters