260-424-2790 260-424-2790

Indiana Banking Lawyers

Kos & Associates handles regulatory, compliance and risk-management issues for our lender, creditor, consumer and commercial clients. Our attorneys have extensive experience with changing standards and help our clients comport with the legal rules and regulations. We offer litigation and advisory services on a broad range of legal issues, including but not limited to:

  • Banking regulations
  • Secured transactions
  • Commercial borrowing and lending
  • Consumer protection

Banking Regulations

The Federal Reserve regulates banks, managing the nation’s money supply through monetary policies that stabilize inflation or deflation, moderate long term interest rates or maximize employment opportunities. Lenders and borrowers watch opportunities rise and fall in relation to these systemic pressures. At Kos & Associates, our attorneys work closely with financial institutions to implement policies in compliance with state and federal laws. The scope of our practice encompasses:

Regulatory Matters    

  • Federal Reserve matters
  • Office of the Comptroller matters
  • Federal Deposit Insurance Corporation (FDIC) matters
  • Sarbanes-Oxley violations
  • Antitrust investigations
Bank Representation

  • Conflicting claims against joint account
  • Exercising the right to set-off
  • Collections litigation
  • Allegations of unauthorized use of debit/credit cards
  • Creditors rights litigation
  • Creditor liens and loans
  • Investigation and litigation of fraud claims
  • Defense of claims asserted against banks

Compliance with State Law

  • Affiliate or insider relationships
  • Anti money laundering
  • Capital adequacy regulations

Secured Transactions

Lenders may secure loans made to borrowers by requiring down payments or other related collateral.  In the event of default, the borrower cedes the right to collateral used to secure the loan.  There are limits to what types of collateral may be used to secure a loan. Kos & Associates can advise you about any of the following legal issues:

  • Letters of credit
  • Mortgage lending
  • Leasing
  • Receivable financing
  • Audits
  • Loan workouts
  • Bankruptcy reorganization
  • Remedies under the UCC

Commercial lending and borrowing

Securing financing for business growth or expansion can be difficult.  Credit checks and due diligence may reveal risks or liabilities that could raise interest rates on the loan or otherwise impact eligibility for financing. We regularly advise clients about the following legal issues:

  • Promissory notes
  • Loans
  • Security and guaranty agreements
  • Blocked accounts
  • Deposit account control agreements
  • Joint accounts
  • Revolving credit
  • Lines of credit
  • Term loans
  • Equipment leasing and finance
  • Letters of credit
  • Purchase and sale agreements
  • Reorganization
  • Organization of holding companies

Consumer protection

When the mortgage bubble burst, many homeowners found themselves paying more for their homes than their homes were worth. Many people were faced with rising debts that exceeded their current budgets. Others were shocked to discover they had been defrauded through bad checks, creditor liens and other financially devastating transactions. The attorneys at Kos & Associates know the law and help clients protect personal assets. We handle banking law litigation as it relates to:

  • Truth in lending
  • Truth in savings
  • Equal credit opportunity
  • Fair lending
  • Electronic funds transfer
  • Fair Credit Reporting Act
  • Information privacy and security
  • Credit card regulations
  • Bounced checks and overdrafts
  • Line-of-credit accounts
  • Mortgage loans
  • Deposit accounts
  • Credit card debt
  • Internet banking
  • Bill payment
  • Cash management services
  • Frozen accounts
  • Holds on deposits

Contact us

If you need assistance with a banking matter, we can help you with all of the necessary details. Contact us today to speak with an experienced attorney at Kos & Associates. Call us at 260-424-2790 or contact us online to schedule a consultation.