Financial Services Litigation

Overview

Dykema’s team of litigators is nationally known for its vigorous and efficient representation in financial services disputes. Our Financial Services Litigation Practice Group represents banks, finance companies, mortgage lenders, credit card providers, auto finance companies, retailers, and insurance companies in both individual and putative class actions arising out of consumer and commercial lending, lender liability, and insurance disputes. While we work together with clients to devise strategies for effective out-of-court resolutions, we are fully prepared to provide them with exceptional representation should a dispute go to trial and appeal.

We are one of a limited number of firms with a nationwide class action defense practice dedicated to the defense of mortgage and other lenders. We counsel and defend clients in putative class actions and consumer class actions. We have the depth of knowledge and experience needed to help clients seamlessly navigate today’s landscape of complex federal and state consumer lending laws.

Lender Liability Defense

As a national or regional class action defense counsel for some of the nation’s largest financial institutions, we are especially adept at devising and deploying strategies that will limit their liability as lenders. We have substantial experience in helping clients address non-performing loan situations through litigation and workout negotiations to achieve optimal outcomes.

Consumer Financial Services Litigation

Our Consumer Financial Services practice focuses on providing ongoing litigation services to credit providers on federal consumer lending laws regarding disclosure requirements, credit reporting, collection practices and other related federal laws. We defend clients, primarily in putative class actions, on various federal and state laws affecting consumer lending. As a recognized leader in the field, Dykema serves as a state editor to HouseLaw, a leading online consumer financial services publication for mortgage lenders. Dykema also publishes the NextGen Financial Services Report (www.nextgenfinancialservicesreport.com), a blog that provides news and thoughtful analysis of the most pertinent issues in the consumer financial services industry.

Enforcement

We likewise represent the lending industry, its officers, directors and employees in a wide variety of government investigations and enforcement matters initiated by federal and state agencies, including those pursued by the United States Department of Justice, United States attorneys, state attorneys general and prudential regulators. Our practice extends to the defense of, among other things, False Claims Act and Qui Tam lawsuits. Moreover, the firm is currently representing numerous lending institutions in enforcement matters arising out of bank agency and Consumer Financial Protection Bureau exams.

Commercial Mortgage Foreclosure and Loan Enforcement

Dykema lawyers look for creative and aggressive means of protecting and enforcing their clients’ rights in pursuing timely foreclosure of mortgages encumbering commercial real estate. We pride ourselves in advising clients how to accelerate what can be an exasperatingly slow foreclosure process. We have developed creative techniques to maximize disposition proceeds. We aggressively pursue guarantors and other obligors through fraudulent transfer litigation in state and federal court, preference and non-dischargeability litigation in bankruptcy court, and aggressive post-judgment collection litigation. We represent receivers in foreclosure litigation, and we assist mortgagee clients in property-related disputes within and outside of the foreclosure context—including disputes between landlords and tenants, mechanics lien and construction matters (including priority disputes), association disputes, easement and other land-use disputes involving shopping centers, land development, and other sectors.

Dykema's financial services litigators also have wide experience in commercial and industrial loan workouts and enforcement proceedings, including assignments for the benefit of creditors, Section 363 sales in bankruptcy and litigation to collect borrowers’ accounts receivable. We regularly work with financial advisors and turnaround consultants engaged to assist operators in distress.

Speaking Engagements