Depository institutions operate in a highly regulated, ever changing, legal environment. Noonan & Lieberman helps Midwest depository institution clients to conduct their activities in a safe and sound manner. The depository institution clients we focus on range from small community financial institutions to medium sized banks, savings and loans and credit unions, related financial affiliates and holding companies.
We advise depository institutions on their compliance with federal or state regulatory requirements. Our goal is to help the institution to operate in a safe and sound manner. Our attorneys work with clients to develop, and conduct periodic reviews of, compliance management system, controls, policies and procedures that meet applicable legal requirements.
We work with clients’ compliance personnel, internal or external auditors and senior management in conducting periodic reviews or internal compliance investigations. Our attorneys provide federal (e.g. OCC, FDIC, NCUA and FRB) and state regulatory exam support including, preparation, ongoing exam support, help clients respond to examination reports findings and advise on remediation alternatives. We also assist clients in responding to consumer complaints, in responding to federal or states regulatory inquiries and in communicating with federal and state regulatory agencies on all matters touching clients’ operations.
Our attorneys help depository institution clients in drafting, reviewing and negotiating various transactions in compliance with regulatory requirements, including:
- Affiliated entities formation
- Commercial real estate loan agreements
- Construction loans
- Federal Home Loan Bank (FHLB) agreements
- Marketplace lending agreements
- Non-real estate secured commercial loan agreements
- Participation agreements
- Third-party vendor services agreements
Our attorneys help depository institutions in responding to supervising regulators’ inquiries and investigation demands, such as, civil investigative demands (CID) and subpoenas. We also represent clients in administrative enforcement proceedings, including before the CFPB, Federal Trade Commission (FTC), Department of Justice (DOJ), Financial Crimes Enforcement Network (FinCEN), OFAC, depository institutions regulators and other federal and state regulators. Our attorneys will help clients navigate the enforcement process and assist clients in reaching resolution with the regulators.
We provide a broad range of litigation services to depository institutions, including prosecution and defense contractual obligations, defense of consumer litigation, class action defense and federal and state appellate litigation (including appeals of administrative decisions). We represent depository institutions in residential and commercial foreclosures and in foreclosures of non-real estate collateral. We also represent depository institutions in commercial and consumer bankruptcies. Our firm leverages our attorneys’ knowledge in substantive regulatory compliance and transactional work to augment our representation of clients in litigation prosecution and defense. Click Litigation for more information on our litigation services.
We assist depository institutions in the application for, and maintenance of, the Community Development Financial Institution (CDFI) certification.
Federal Home Loan Bank Membership
We assist depository institutions in all matters concerning membership with a Federal Home Loan Bank, including: membership application, advances, letters of credit, collateral matters, compliance with membership requirements, and compliance with Acquired Members Assets (AMA) programs’, such as, Mortgage Partnership Finance (MPF) and Mortgage Purchase Program (MPP), origination, underwriting, selling and servicing guidelines.