Whether you’re a regional or a large, multi-state bank, mortgage or finance company, you deserve representation that is thorough, efficient and knows your industry inside and out.

Crain Caton & James’ experienced Houston banking and financial services attorneys represent providers of consumer and commercial financial services in all aspects of lending, forms, drafting policies and procedures, litigation, arbitration, dispute resolution, collection, workout, foreclosure, bankruptcy and compliance with Texas and federal laws and regulations.

You can count on our transactional bank lawyers to formulate, structure and document the full range of consumer and commercial loans and other financial products. We work with clients who are arranging financing for borrowers to acquire companies, obtain mortgages for commercial real estate including land and buildings, and need to purchase large assets such as machinery or construction equipment.  We provide counsel on, and routinely prepare, consumer and commercial finance forms and review and draft procedures. Our forms are constantly updated to provide efficient, cost-effective documents. The commercial and consumer loan documents and forms prepared by our attorneys are well respected by state and federal regulators.

We also prepare deposit agreements, terms and conditions, treasury management services agreements, remote deposit capture agreements, indemnity agreements, linking agreements, wire transfer agreements, fraud affidavits, wire transfer request forms and many other types of banking documents and agreements.

Our firm is unique in that we have a dedicated team of litigators who only represent clients in the banking and financial industry.  We defend clients involved in bank fraud matters, including check, ACH and wire fraud as well as lender liability, Fair Debt Collections Practice Act claims, FCRA claims, wrongful foreclosure claims, letter of credit, breach of contract, usury and consumer class action lawsuits.  When defending you or your customers, our attorneys know the law.  Our banking litigators can quote the Uniform Commercial Code (UCC) sections very much like a tax attorney quotes the tax code. They advise clients on consumer claims, fraudulent conveyance, breach of fiduciary duty claims, and any other claims filed against or by the bank or financial institution.

Members of our banking and financial services group regularly author articles and books, teach for state and national trade associations (such as IBAT and TBA), present continuing legal education for Texas and national attorney organizations and provide training and materials for financial institutions, other law firms and regulators. The “go to” treatise on Texas and federal credit laws, Usury and Texas Credit Laws, is written by Rob Wisner.  William “Pat” Huttenbach is the current Past President of the SWABC and regularly writes cases of interest, which highlight recent cases, laws, trends and other items that impact banks, credit unions, and other financial institutions. He is also known for his extensive knowledge of the Texas version of the Uniform Commercial Code and is frequently asked to give presentations to clients and trade groups to ensure their understanding and compliance of its rules and regulations.

Crain Caton & James recognizes financial institutions and their customers exist in a price-sensitive environment.  Frequently, the customer pays the attorney fees.  Our rates are very reasonable and competitive, but most of all when the deal is done, or the suit is settled, clients recognize the value of having our team of experienced banking and financial services lawyers at the table or in the courtroom.

Commercial Finance

• Real estate forms and lending
• Commercial credit forms and lending, including asset based and cash flow lending and warehouse lines of credit
• Specialized lending, including SBA, ship mortgages and intellectual property
• Equipment leasing
• Financial services agreements, including wire transfer, treasury services, mobile check cashing, remote deposit capture and other agreements
• Opinion letters

Consumer Finance

• Residential real estate mortgage forms, disclosures, procedures and loan documents
• Consumer credit forms, policies and procedures
• Texas and federal regulatory compliance

Creditors Rights and Workouts

• Demand letters and collection procedures
• Real estate loan workouts and foreclosures
• Collection, litigation and bankruptcy

Litigation and Disputes

• Lender liability and consumer compliance defense, including class actions

• Usury and other lending compliance issues
• Breach of contract
• Breach of fiduciary duty
• Fraudulent conveyance
• Fair debt collections practice act claims
• FRCR claims
• Wrongful foreclosure claims
• Letter of credit matters