Banking & Financial Services
In today’s world, the financial services industry is constantly changing. For more than 70 years, McDowell Rice has been representing lenders in all phases of lending, including loan structuring, negotiating and drafting transaction documents, collateral perfection, inter-creditor and subordination issues, loan enforcement and workouts, lender liability issues and bankruptcy.
McDowell Rice’s Banking and Financial Services team provides banks and financial services firms superior and cost-effective legal services to assist them in realizing their goals efficiently, effectively and expeditiously. We help these clients in a wide-variety of legal matters, including:
• Commercial Lending & Real Estate Finance
• Loan Enforcement & Workouts
• Lender Liability Defense
• Bankruptcy, Workouts & Financial Restructuring
• Public Finance & Tax Credit Finance
Recent Experience and Results
• McDowell Rice has regularly obtained summary judgment in favor of lenders successfully enforcing loan documents to recover from borrowers, guarantors, pledgers and mortgagors.
• McDowell Rice has obtained summary judgment and other favorable rulings in both Kansas and Missouri enforcing the Credit Agreement Statutes of Fraud to bar counterclaims by borrowers and guarantors.
• McDowell Rice has applied for and received appointments of receivers in both Kansas and Missouri taking control of borrower entities to preserve rents, security deposits and other cash collateral and to maximize the lender’s recovery from its real and personal property collateral.
• McDowell Rice recently obtained dismissal in favor of a community bank in a double-derivative shareholder action alleging negligent handling of loans.
• McDowell Rice recently resolved a dispute between a community bank, acting as the trustee of a 1937 trust, and the trust beneficiaries regarding distributions made over a 15-year period and the application of a charitable deduction.
• McDowell Rice recently obtained a favorable settlement on behalf of a community bank which had been sued in a shareholder dispute involving one of its borrowers.
• McDowell Rice obtained a complete dismissal in favor of a community bank with the bank making no payment to the plaintiff in a check forgery and negligence case regarding over $90,000 in forged checks by a former bookkeeper of one of the bank’s clients.
• Represented lender in $30,000,000 refinance secured by multiple Missouri nursing home loans and corporate guaranties.
• Represented lender in recent construction loans for two hotels in City Center, Lenexa.
• Represented lender in refinance of first class office building and shopping center in Overland Park.
• Represented lender in finance of office building near Dallas.
• Represented borrower in acquisition and financing of federal express warehouses in Rhode Island (Chase).
• Represented borrower in acquisition and finance (Wells Fargo) of multiple refrigerated warehouses in Midwest and South ($45,000,000).
• Represented borrower in development and financing of c-stores (Farmers Insurance Company).