Financial Institutions

McGivney Kluger Clark & Intoccia represents national and local banks and lending institutions in a broad spectrum of litigation in the State, Federal and Bankruptcy Courts where MKCI maintains its offices. The firm handles a variety of general banking and commercial litigation, as well as commercial workout and restructuring, loan sales and assignments, bankruptcy, and investigation into financial fraud, including check, wire transfer, mortgage and real estate fraud schemes.

The firm is also designated as special counsel by a top five national bank to handle complex matters stemming from multi-state enforcement of State and Federal Court levies, garnishments, subpoenas and legal process against banks and their depositors. In addition, as special counsel we routinely advise our clients on changes in the law in these areas and provide seminars and workshops for our banking clients in connection with their review and handling of such legal process. Our practice in this area also includes handling matters outside of the United States.

The firm represents its bank and lending institution clients in a wide array of defensive and affirmative litigation. The firm’s affirmative litigation practice includes, among others, medium size commercial foreclosures and recovery/collection litigation, to a $500 million dollar litigation involving the breach of completion guarantees given by national homebuilders. The firm also handles litigation involving Ponzi schemes, check kiting schemes, and similar matters, as well as check and negotiable instrument cases, actions involving U.C.C. Articles 3, 4, 4-A and 9, and check and wire transfer fraud. We also routinely defend our bank and lender clients in litigation involving lender liability claims (including predatory lending, TILA and other lender liability litigation), commercial foreclosure counterclaims, impairment of credit, check and wire transfer fraud and other miscellaneous lawsuits (e.g., lien priority disputes, litigation concerning safe deposit boxes, defense of personal injury claims, racial discrimination, elder abuse, etc.).

We also represent our banking and lender client’s interests as creditors in Chapter 7, 11 and 13 bankruptcy proceedings, including on issues such as seeking relief from the automatic stay, cash collateral, preference actions and fraudulent transfer litigation. We also advise and represent our bank and lender clients in creditor committee and a wide array of workout matters.

The firm was also retained as special rent receiver counsel in New York by a top 5 national bank after working with the bank to develop and coordinate a program designed to combat foreclosure stall tactics, misappropriation of rental proceeds, failure to pay real property taxes and fraud on multi-unit, income producing properties in New York City through the appointment of temporary rent receivers for the subject properties. The program has been extremely successful in not only having temporary receivers appointed in numerous long-standing foreclosure actions, but the appointment of these receivers has led to the ultimate resolution of these multiple actions, by eliminating any incentive for the borrower/current owner to continue foreclosure delay tactics (as their ability to collect rents is eliminated) and/or providing a basis for the borrower/current owner to reach a settlement. 

We also handle single or bulk loan sales and assignments for our bank and lender clients and are approved by the New York and New Jersey offices of the U.S. Small Business Administration for legal work in connection with commercial collections, liquidations, foreclosure proceedings, and mortgage originations. The firm also negotiates loan transactions for its bank and lender clients and acts as closing attorneys in the origination of SBA guaranteed loans.