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Financial Services Litigation

The litigation lawyers of the Financial Services Litigation Practice Group provide a range of client services, including negotiated repayment plans and/or debt restructuring, prejudgment garnishments and attachments, personal and real property foreclosures and receiverships, suits on notes and guaranties, lender liability defense, suits to set aside fraudulent conveyances and judgment enforcement activities.

The group defends myriad financial service entities against a wide variety of statutory and common law claims that include the “alphabet soup” of federal statutory claims incident to consumer lending—Truth in Lending Act (TILA), Home Ownership and Equity Protection Act (HOEPA), Real Estate Settlement Procedures Act (RESPA), Equal Credit Opportunity Act (ECOA), Fair Credit Reporting Act (FCRA), Fair and Accurate Credit Transactions Act (FACTA), Fair Debt Collection Practices Act (FDCPA), Fair Housing Act (FHA) and Home Mortgage Disclosure Act (HMDA). We also have deep experience defending unfair trade practice and unconscionability claims brought by private plaintiffs and state attorneys general under unfair and deceptive acts and practices (UDAP) statutes. Additionally, we are called upon with regularity to litigate UCC-related disputes. Typical common law claims include breach of fiduciary duty, fraud, breach of contract, negligence, disparagement, breach of good faith and fair dealing, and civil conspiracy.

The group is experienced handling allegations of predatory lending, unsuitable loan products, unaffordable mortgages, structural unfairness, inflated appraisal conspiracies, predatory mortgage servicing practices, yield spread premiums and “junk” fees, force-placed insurance, packing insurance premiums, negligent underwriting practices, wrongful foreclosures, the Soldier and Sailor’s Relief Act, reverse-redlining, steering, targeted marketing, disparate impact, and breach of representations and warranties, as well as mortgage fraud, loan flipping and lending scams. We are also informed as to defense topics such as enforcement of arbitration clauses, federal preemption and class action waiver agreements.

Alston & Bird’s Financial Services Litigation Group litigates in a variety of roles and across a vast spectrum of subject areas relating to the financial services industry. The breadth and depth of our litigation and trial experience is extensive, and we represent clients in a variety of financial services matters locally, regionally, nationally and internationally.

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Financial Services Litigation

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