The attorneys at Lightfoot have many years of experience handling banking and financial services litigation, involving cases of all levels of complexity and significance. We regularly represent both local and national banks, as well as a number of international investment firms, in litigation matters throughout the Southeast. Those matters range from routine claims by consumers in connection with mortgage foreclosures to multi-million dollar disputes involving credit agreements or securities offerings. No matter the size of the litigation, though, the firm’s attorneys recognize the importance of being efficient and proactive.

Lightfoot has defended hundreds of cases involving claims against banks, mortgage lenders and finance companies, including claims involving loan originations, loan modifications, allegedly wrongful foreclosures, standing and chain of title issues, mortgage redemptions, property insurance fees and disbursements, escrow disputes and tax sales.

Our attorneys have years of experience defending claims involving virtually every statute governing the collection and reporting of debts, including the Telephone Consumer Protection Act, the Fair Debt Collection Practices Act and the Fair Credit Reporting Act.

We also regularly represent creditors in bankruptcies in disputes involving matters such as alleged violations of bankruptcy stays or discharge orders, objections to proofs of claims and defense of adversary proceedings brought by debtors or bankruptcy trustees.

With financial services litigation, in particular, the disputes frequently involve underperforming or non-performing assets. We place a premium on moving our cases forward—whether that means working hand in hand with our clients on a loan modification, negotiating a settlement or diligently pressing forward with defense of the case. Our client’s goals dictate our approach from start to finish.

Lightfoot attorneys recognize that reaching a prompt and efficient resolution requires clear communication with our clients about defense costs, litigation risks and settlement options. We work closely with our clients in the early stages of a dispute so that our clients may make informed decisions about how to best and most efficiently defend the claims being asserted.

Examples of the firm’s work in this area include:

  • Representation of a lead bank in a dispute with a participant bank in a loan involving a failed condominium development. The participant bank alleged that the lead bank had failed in its due diligence both pre-closing and also during construction, and the losses were entirely or almost entirely avoidable. After two days of trial the case settled in the range that our client had offered during mediation.
  • Representation of a bank in claims against an insurance company that insured against stated income borrower insurance defaults. We successfully settled the claims and put into place an amendment to the insurance policy to minimize the risk of future disputes on any defaults on the insured loans.
  • Representation of a publicly traded bank holding company, its bank, and officers and directors in litigation brought by private parties and government regulators stemming from the decline of the bank and the bankruptcy of the holding company in the wake of the recent worldwide recession;
  • Representation of an international investment bank in litigation arising out of the Jefferson County, Alabama sewer debt crisis;
  • Representation of private equity fund managers in matters involving the performance of assets held by the fund;
  • Representation of financial services firms in litigation with former employees over trade secrets and non-competition agreements;
  • Representation of national financial services firms in a wide variety of mortgage and foreclosure related litigation, including title and lien priority disputes
  • Representation of lending institutions in hundreds of cases involving the Truth-In-Lending Act, the Fair Credit Reporting Act, the Fair Credit Billing Act, and the Fair Debt Collection Practices Act.