Services: Finance Companies

  • Licensing And Approvals

  • Advise clients on the license required to conduct business in each state based upon the type of entity and manner of business to be conducted, resulting in a multi-state licensing chart. Complete the necessary applications for qualification registration and licensing to conduct business as a foreign corporation.
  • State Law Outlines And Databases

  • State law compliance tools which address topics such as interest (including rates, calculation, accrual, day count), finance charges, other broker imposed and third party charges, broker fees, late charges, returned check charges, prepayment penalties, rebates of finance charges required upon prepayment, disclosures (pre-closing, closing and servicing), record keeping, reporting requirements, advertisements, telemarketing and collections.
  • Manuals And Disclosure Packages

  • Manuals and/or charts addressing licensing, fees, disclosures, and other state and federal law compliance requirements.
  • Manuals for compliance with government-insured lending programs.
  • Disclosures applicable to a client’s business and license status.
  • Employee handbooks.
  • Legislative Monitoring And Implementation

  • Perform on-going monitoring and notice of proposed legislation.
  • Provide notice of new state and federal legislation affecting the credit and collection industry.
  • Provide notice of regulatory agency action before and after it becomes final.
  • Provide notice of important case law developments.
  • Implement law changes impacting a client’s business.
  • Predatory Lending

  • Monitoring and notice to clients of new state, federal, and local legislation.
  • Predatory lending documents and calculation tools to comply with state, federal, and local legislation.
  • Calculation and analysis of points and fees and rates at flat fee per file.
  • Pre-Examination Audits

  • On-site examination of client’s office to review and discuss the client’s overall operations, policies and procedures, loan files, etc.
  • Review designed to detect potential violations.
  • Written report prepared to assist client in correcting any problems noted.
  • Litigation

  • Defense of individual and class actions involving a vast array of allegations, including, but not limited to, yield spread premiums, fees, state and federal disclosures and insurance matters.
  • Help clients respond to various levels of inquiries from state and federal regulators, and government-sponsored enterprises, both formally and informally.
  • Assist our clients in recovering losses by asserting claims against title companies, closing agents, other service providers, and downstream lenders/brokers.
  • Post-Closing And Quality

  • File reviews for per file fee.
  • Predatory lending analysis and points and fees calculations.
  • Contracts

  • Negotiate and draft various agreements, such as broker agreements, purchase and sale agreements, marketing agreements, employment agreements, and warehouse agreements.
  • Provide opinion letters related to such contracts.
  • Human Resources/Employment

  • Assist clients with compliance with employment laws, including wage and hour (Fair Labor Standards Act and analogous state laws), anti-discrimination (Title 7 and 1981 claims), and the Family Medical Leave Act.
  • Draft employee manuals and train the client’s staff regarding the applicable employment laws, including sexual harassment.
  • Respond to EEOC and state agency employment charges and defend our clients in employment litigation.
  • Privacy

  • Counsel clients with regard to compliance with state and federal privacy laws, such as Gramm-Leach-Bliley, Fair Credit Reporting Act, FACTA, and Red Flag Rules.
  • RESPA Counseling

  • Assist clients with RESPA compliance, including how to increase loan volume while remaining compliant with Section 8.
  • Counsel clients with regard to marketing agreements, joint ventures, and other methods.