Banking and Finance

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Tydings has a long history of representing banks and other financial institutions in Maryland and throughout the region.  From transactions and financing, to bankruptcy and workouts, to litigation of all kinds, we are among the most experienced law firms in the state in serving the banking industry.

Transactional

We perform due diligence and act as counsel to lenders in real estate-based and asset-based commercial lending transactions ranging in size from over $1 billion to less than $1 million.  We handle standard, syndicated, and conduit loan transactions for projects including shopping centers, office complexes and other commercial and industrial developments, and apartment buildings, including those conventionally and FHA insured.  Additionally, our partners, Mark Dopkin and Emerson Dorsey, are licensed title attorneys, who provide title searches and write title insurance for our clients through Old Republic National Title Insurance Company.  The firm is a member of the Maryland Land Title Association.

Representative Matters

  • Represented national finance companies in developing and drafting commercial financial forms, negotiating terms of loan transactions, handling loan closings, and perfecting security interests;
  • Represented borrowers and lenders in multi-million dollar loan transactions, including revenue bonds;
  • Represented local, national, and international financial institutions in secured lending transactions, including SBA and USDA guaranteed loans; and
  • Prepared standard banking documentation including letter of credit and sweep-account documents for regional banking institutions.

Creditors’ Rights

Our experience in the banking industry also extends to bankruptcy, creditors’ rights, and workouts of distressed companies.  We represent banks, finance companies, major trade creditors, and other lenders and creditors in bankruptcy proceedings, and we advise lenders and secured parties, purchasers, and borrowers in matters relating to distressed properties.  We have acted as counsel to committees of creditors in bankruptcy proceedings, and our attorneys have written and taught extensively on matters related to bankruptcy and debtors’ and creditors’ rights.  We have also represented receivers and handled assignments for the benefit of creditors.

Representative Matters

  • Handled financing, refinancing, and workouts for commercial lenders and their clients;
  • Represented secured and unsecured creditors, trustees, and debtors in reorganization and other insolvency proceedings; and
  • Represented a principal secured lender in a Chapter 11 case involving an international timeshare operation.

Litigation

Our litigators regularly represent financial institutions in federal and state courts on an array of matters.  We represent clients in prosecuting and defending UCC claims arising from deposits, collections, and electronic-funds transfers.  We defend consumer and commercial lenders in claims made for breach of contract, fraud, and good faith and Truth-in-Lending Act violations.  We also provide advice and, when appropriate, litigate estates and trusts cases for banks’ corporate trust departments.

We also handle disputes involving:

  • Lien priorities;
  • Guarantees and other instruments;
  • Credit extensions;
  • The Consumer Protection Act;
  • Defalcation claims;
  • Garnishments;
  • Account litigation;
  • Lender liability claims and other consumer financial litigation;
  • Foreclosures; and
  • Corporate trustee, fiduciary, and fidelity bonds.

Representative Matters

  • Defended lender liability and UCC claims on behalf of banks and other financial institutions;
  • Successfully defended a regional bank against claim asserting that the bank's wire transfer procedures had caused customer losses in violation of UCC Section 4-A;
  • Obtained a voluntary dismissal of lender liability claim against a regional bank after establishing that the plaintiffs had forged purported bank documents;
  • Obtained a dismissal of action alleging that an Alabama bank defrauded its customers in connection with a pledge agreement; and
  • Defended numerous contract claims alleging that banks violated terms of account, CD, IRA, and loan agreements.

Representative Clients

We have represented or currently represent the following clients:

  • Advance Bank
  • Chrysler Financial Services Americas LLC
  • Industrial Bank
  • M&T Bank
  • Susquehanna Bank
  • Teachers Insurance and Annuity Association
  • UPS Capital Business Credit
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