305-373-6606 305-373-6606

Florida Banking Lawyer

Assisting lenders, creditors, consumers and commercial clients

Attorney John E. Phelan and his staff handle regulatory, compliance and risk-management issues for their lender, creditor, consumer and commercial clients. John E. Phelan has 30 years of experience dealing with changing legal standards and helping clients comply with rules and regulations. The firm offers litigation and advisory services across a broad range of legal issues, including:

  •    Banking regulations
  •    Secured transactions
  •    Commercial borrowing and lending
  •    Consumer protection

Banking regulations

The Federal Reserve regulates banks, managing the nation’s money supply through monetary policies that stabilize inflation or deflation, moderate long-term interest rates or maximize employment opportunities. Lenders and borrowers watch opportunities rise and fall in relation to these systemic pressures. John E. Phelan works closely with financial institutions to implement policies in compliance with state and federal laws. The scope of the firm’s practice encompasses:

Regulatory matters    

  • Federal Reserve matters
  • Office of the Comptroller matters
  • Federal Deposit Insurance Corporation (FDIC) matters
  • Sarbanes-Oxley violations
  • Antitrust investigations

Compliance with state law

  • Affiliate or insider relationships
  • Anti-money laundering
  • Capital adequacy regulations

Bank representation

  • Conflicting claims against a joint account
  • Exercise of the right to set-off
  • Collections litigation
  • Allegations of unauthorized use of debit and credit cards
  • Creditors’ rights litigation
  • Creditor liens and loans

Secured transactions

Lenders may secure loans made to borrowers by requiring down payments or other collateral. In the event of default, the borrower cedes the right to collateral used to secure the loan. There are limits to what types of collateral may be used to secure a loan. John E. Phelan can advise you about any of the following legal issues:

  • Securitizations
  • Derivatives
  • Investment securities
  • Letters of credit
  • Audits
  • Loan workouts
  • Bankruptcy reorganization
  • Remedies under the Uniform Commercial Code (UCC)

Commercial lending and borrowing

Securing financing for business development or expansion can be difficult. Credit checks and due diligence may reveal risks or liabilities that could raise interest rates on the loan or otherwise impact the eligibility of your business for financing. John E. Phelan regularly advises clients about the following legal issues:

  • Promissory notes
  • Loans
  • Security and guaranty agreements
  • Blocked accounts
  • Deposit account control agreements
  • Joint accounts
  • Revolving credit
  • Term loans
  • Equipment leasing and finance
  • Letters of credit
  • Mergers and acquisitions
  • Purchase and sale agreements
  • Reorganization
  • Organization of holding companies
  • Lines of credit

Consumer protection

Since the mortgage bubble burst, many homeowners now owe more on their homes than those homes are worth. Many people face rising debts that exceed their current budgets. Others are shocked to discover they have been defrauded through bad checks, creditor liens and other financially devastating transactions. John E. Phelan knows the law and can help you protect your personal assets. He and his staff handle consumer-protection litigation as it relates to:

  • Truth in lending
  • Truth in savings
  • Equal credit opportunity
  • Fair lending
  • Electronic funds transfer
  • Fair Credit Reporting Act
  • Information privacy and security
  • Credit card regulations
  • Bounced checks and overdrafts
  • Line-of-credit accounts
  • Mortgage loans
  • Deposit accounts
  • Credit card debt
  • Internet banking
  • Bill payment
  • Cash management services
  • Frozen accounts
  • Holds on deposits

Contact John E. Phelan, P.A. in Miami today.

If you need assistance with a banking matter, we can help you with all of the necessary details. Call John E. Phelan, P.A. today at 305-373-6606 to speak with an experienced attorney, or contact the firm online.