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BANKING
LITIGATION
Banking and Financial
Institutions
Skelton & Woody has extensive
experience in disputes between
lenders and borrowers, in sorting out loan defaults and planning a strategy to maximize lender recoveries. We have represented national banks, regional banks, state banks and loan servicers, as well as individual lenders, and borrowers in matters involving real estate secured loans, personal property secured loans, letters of credit, guaranties, assignments of leases and rents, and subordinaiton agreements.
We handle
foreclosure and debt collection,
as well as work-outs
and negotiations with borrowers,
correspondent banks and
guarantors. Our experience
includes all manner of lender
liability litigation, breach of
fiduciary duty claims, usury
claims, matters arising under
the National Bank Act,
foreclosure issues, injunction
actions involving real estate
and other bank collateral,
offset issues, assignments of
rents, limited guaranties,
receiverships, and cutting-edge
financial institution issues. We
also represent parties involved
with troubled financial
institutions. Sometimes our lender representation involves matters in bankruptcy court. We try claims in bankruptcy court and understand how to protect our clients' positions when a borrower files for bankruptcy.
We have recently won a string of
summary judgments for OMNIBANK,
NA on a wide range of legal
matters in Houston, Austin and
San Antonio. Two recent
victories are profiled in our
News section and they provide an
example of the kinds of issues
we have faced.
Hamp has
practiced banking law since the
earliest days of his career some
30 years ago, having represented
the outside directors of the two
largest banks to fail in the
Southwest since the 1930s
Depression, Penn Square National
Bank of Oklahoma City and First
National Bank of Midland, Texas,
which were closed by the OCC in
1982 and 1983 respectively.
Since that time, he has
consistently worked for banks
and their officers and directors
on a wide variety of suits and
disputes. He has extensive
experience with the OCC, FDIC,
SBA and many state and federal
guarantee agencies.
Hamp Skelton is a board member
of the Capital Certified
Development Corporation, a
private non-profit provider of
business financing solutions
which since 1993 has been a
certified provider of the SBA's
504 Loan program. See
http://capitalcdc.com
In addition to the firm's work
for several regional and
community banks, the Texas
Bankers Association has hired
Skelton & Woody to file amicus
briefs on behalf of member banks
on matters of importance to the
industry. The firm also
represents a fund that purchases
notes from lenders and proceeds
to foreclose on the real estate
and rehabilitate the property
for sale. The firm has on
occasion represented borrowers
in disputes with financial
institutions, when no conflict
is presented with our banking
clients' positions, and
represented borrowers on real
estate-related banking
transactions.
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