Banking and Financial Services

Capehart Scatchard has seasoned attorneys with a long history of representing the banking industry in New Jersey and Pennsylvania.

This practice group has evolved with the changes in the banking and lending industry, including the various consolidations that have taken place, as well as the change and addition of services being provided to the customers of banks and other lenders.

Legal Services

Capehart Scatchard’s Banking and Financial Services practice represents regional, commercial and community banks and commercial lenders in connection with workouts, mortgage foreclosures, commercial litigation and bankruptcy, as well as negotiating and drafting a variety of loan documentation. The firm provides consumer regulatory compliance advice to its local and national clients, as well as litigation of consumer compliance matters, including class actions on truth-in-lending and other disclosure and documentation matters.

Other legal matters covered by the firm include, but are not limited to:

  • Preparing loan documentation for tax-exempt financing underwritten by the New Jersey Economic Development Authority
  • Preparing loan documentation for real estate and asset-based financing
  • Acting as local counsel on financing for corporate funding of national companies
  • Acting as local counsel for class actions involving consumer finance issues, such as truth-in-lending, for captive finance companies in the automotive industry
  • Providing consumer compliance regulatory advice for banks and financial institutions, including putting together loan programs for home equity and credit card programs
  • Instituting suit against a title company on behalf of a real estate lending group for a commercial bank, recovering over the policy limits of $1.2 million
  • Handling the bankruptcy litigation for a captive finance company against a multi-franchise dealer, recovering all principal, interest and attorneys’ fees

Representative Client List

Capehart Scatchard servers regional commercial banks, community banks, captive finance companies, national commercial finance companies, and other lending institutions in legal matter concerning banking and financial services.

Firm Experience and Highlights

Today, the Capehart Scatchard Banking Practice is capable of handling loan documentation, workouts, commercial litigation, bankruptcy, and compliance issues. The following are the partners in this Practice:

  • Mary Ellen Rose has represented banks and lenders in loan transactions in both real estate and asset-based lending. She has also handled loan workout matters, as well as bankruptcy and state and federal court litigation.
  • Alan P. Fox has concentrated on the litigation aspects of representing creditors. He has served as a speaker at annual bar association-sponsored bankruptcy forums and for lenders. He has handled work-outs, foreclosures, recovery actions, bankruptcy cases and the like for creditors.