Litigation for Consumer Financial Services and Banking

Shirk Law combines subject matter expertise with a litigation approach that is solution-oriented – whether that means launching an aggressive defense or facilitating a conciliatory resolution. The firm's clients include financial institutions and companies offering the services of mortgage bankers, loan servicers, mortgage brokers, loan purchasers and recovery companies, consumer finance lenders, retail installment lenders and other creditors. 

The firm represents clients in federal and state litigation, as well as bankruptcy litigation, including putative Class Actions, “One-Off” litigation and pro se Borrower filings. We also assist clients in managing nationwide litigation and engaging local counsel. Clients turn to us for pre-litigation counsel regarding repurchase, buyback and make whole demands, including the prosecution or defense of business-to-business litigation that often results. We defend litigation involving claims arising from alleged violations of the following:

-- Wrongful foreclosure, loan servicing, loan modification (HAMP) and loss mitigation practices
-- TILA (Truth in Lending Act) and Reg Z
-- RESPA (Real Estate Settlement Procedures Act) and Reg X, including QWRs (qualified written requests)
-- High-Cost Lending, including HOEPA and HPMs (Home Ownership and Equity Protection Act and higher priced mortgages), along with GAFLA (Georgia Fair Lending Act) or   other state high-cost claims)
-- FDCPA (Fair Debt Collection Practices Act) and similar state debt collection statutes
-- FCRA (Fair Credit Reporting Act) and FACTA (Fair and Accurate Credit Transactions Act)
-- ECOA (Equal Credit Opportunity Act) and Reg B
-- Privacy, GLBA (Gramm-Leach-Bliley Privacy) and advertising regulations
-- Discriminatory Lending, Servicing or Modification claims, including disparate treatment or disparate impact
-- Predatory lending, including Fair Housing Act, including HMDA (Home Mortgage Disclosure Act) and CRA (Community Reinvestment Act)
-- FTC Act, including the Telemarketing Sales Rule
-- Usury statutes, including DIDMCA, HOLA and AMTPA (Depository Institutions Deregulation and Monetary Control Act of 1980, Home Owners Loan Act and the Alternative-Mortgage Transactions Parity Act)
-- Mortgage fraud, civil conspiracy or RICO claims
-- UDAP and unfair trade practice claims
-- Repurchase, buyback and makewhole demands
-- Wage and hour claims, FLSA (Fair Labor Standards Act) or employee overtime claims
-- Bankruptcy adversary actions, including alleged violations of the automatic stay

-- Unique to financial institutions (banks and credit unions), but often arising in litigation, we advise clients on matters involving:
-- SARs (Suspicious Activity Reports) including BSA (Bank Secrecy Act)
-- E-SIGN (Electronic Signatures in Global and National Commerce Act)

Although our firm does not offer services for foreclosures or real estate closings, let us know if you need guidance related to such services.