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BANKING AND COMMERCIAL TRANSACTIONS

Moss & Barnett is privileged to represent a number of regional and community banks in their lending transactions, workouts and foreclosures, litigation and regulatory matters.

In addition, the attorneys at Moss & Barnett routinely represent individuals and businesses in a variety of commercial transactions, including:

Product sales and warranties
Equipment leases
Service, management and consulting contracts
Software sales and licensing
Borrowing and lending
Guaranties
Secured transactions
Collections
Letters of credit

Our Banking and Commercial Transactions group is qualified and well-positioned to help borrowers and lenders meet their needs, opportunities and challenges in an ever-more challenging and entrepreneurial environment.

Attorneys in this Area

Kevin M. Busch
(Chair)

News Headlines

News

Financial Services

[03/10] Ahead of the Bell: February budget deficit
[03/10] Dutch fine Fortis for false information

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Case Summaries

Banking Law

[03/09] Martinez v. Wells Fargo Home Mortgage, Inc.
In an action under Section 8(b) of the Real Estate Settlement Procedures Act (RESPA), and California's Unfair Competition Law (UCL), claiming that a mortgage lender charged plaintiffs an illegal underwriting fee, dismissal of the complaint is affirmed where: 1) the clear and unambiguous language of RESPA Section 8(b) did not reach the practice of "overcharging"; and 2) the UCL claims alleging "unfair" and "fraudulent" conduct were preempted by the National Bank Act, and the allegations of "illegal" conduct failed to state a claim.

[03/02] Ma v. Merrill Lynch, Pierce, Fenner & Smith, Inc.
In an action against Merrill Lynch based on unauthorized transfers from plaintiff's investment account, summary judgment for defendant is affirmed where New York U.C.C. Section 4-A-505, which imposes a one-year statute of repose on certain claims based on electronic funds transfers, bars plaintiffs' common law claims, which had longer limitations periods.