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Banking Law

Hawley Troxell’s banking attorneys represent and assist national, state chartered, and community banks as well as thrifts, mortgage banks, mortgage brokers, consumer lenders, securitized lenders, bond underwriters, and loan documentation and software providers.

Our banking attorneys have extensive experience in negotiating, documenting, and closing complex commercial, agricultural, and real estate loan transactions. Our experience includes loans for real estate development from retail commercial developments through complex multi-lender transactions, involving public/private developments, financed by a mix of conventional and public finance mechanisms. Our attorneys advise about the validity and enforceability of loan documents both as serving as primary counsel for Idaho-based lenders and as Idaho counsel for lenders engaged in multi-state loan transactions. We also represent business clients as borrowers in larger commercial and real estate loan transactions, and provide the legal opinions of borrowers’ counsel.

We counsel depository institutions and other lenders in all aspects of business including regulatory compliance matters, employment law, and trust department matters. Our banking attorneys are well versed in Idaho and federal regulatory compliance including residential mortgage, manufactured housing, and consumer lending issues. We are also experienced in the newly emerging regulatory issues important for all lenders. Our firm understands the impact of the Sarbanes-Oxley Act of 2002, the Emergency Economic Stabilization Act of 2008 (including TARP and CPP), the Dodd-Frank Wall Street Reform, the Consumer Protection Act, and the many Idaho-specific laws related to lending. We regularly offer seminars on these subjects and other regulatory and legal issues.

Our firm’s experience in commercial and consumer collection cases includes judicial and non-judicial real property foreclosures, personal property foreclosures, workouts, and creditor representation in bankruptcy court. When necessary, we draw upon our firm’s litigation experience and other resources to best present clients’ interests in state or federal courts, or to defend them against third-party challenges.