McGlinchey Stafford is a national leader in the field of consumer financial services law. The firm provides strategic legal counsel to clients in all areas of consumer finance, as well as mortgage loan documentation services. Naturally, we also partner with our litigators on an array of issues within the consumer finance arena.

McGlinchey's seasoned Consumer Financial Services Compliance Group collaborates across practice areas and geographic regions to ensure that the clients' needs are addressed in a professional, efficient and cost-effective manner. Attorneys implement pioneering legal approaches to solve client problems with the goal of enhancing the client's business within the boundaries of the law.

Knowledge of consumer financial services law and a broad understanding of industry practices, allows the Consumer Financial Services Group to understand and quickly respond to client concerns in the regulatory area. The Group supports the firm's litigators in both individual and class action suits involving consumer financial services law issues.

Maintaining a constant two-way communication with appropriate regulatory, governmental and trade organizations is fundamental at McGlinchey Stafford. In addition, the firm's consumer financial services attorneys and staff often work closely with key members of the Governmental Relations Team to stay abreast of developing federal, state and local legislation and regulations.

The Consumer Financial Services Group specializes in national compliance projects and has in-state offices in some of the most problematic jurisdictions for consumer financial services providers: CA, FL, NY, LA, MS, OH and TX.

McGlinchey Stafford's Consumer Financial Services Group has six main areas of concentration:

  • Regulatory and Compliance
  • Residential Mortgage Banking
  • Personal Property Finance
  • Manufactured Housing Finance
  • Credit Cards
  • Litigation Support

To provide the best legal counsel in these areas of practice, McGlinchey Stafford attorneys possess a keen understanding of all pertinent federal and state laws:

  • TILA and Regulation Z
  • Home Ownership and Equity Protection Act
  • ECOA and Regulation B
  • RESPA and Regulation X
  • Home Mortgage Disclosure Act and Regulation C
  • Consumer Leasing Act and Regulation M
  • Fair Debt Collection Practices Act (FDCPA)
  • Fair Credit Reporting Act (FCRA)
  • Truth-in-Savings Act and Regulation DD
  • Electronic Funds and Transfer Act and Regulation E
  • E-Sign and Uniform Electronic Transactions Act
  • Gramm-Leach-Bliley Act
  • State Privacy and Telemarketing Laws
  • State Predatory Lending Laws
  • State usury laws and Federal Preemption
  • State Lender Licensing Laws
  • State Leasing Laws
  • Motor Vehicle and Retail Installment Sales Acts
  • Mortgage Lender and Mortgage Broker Statutes
  • All Related Consumer Financial Services Statutes, Regulations and Issues

Group members regularly provide due diligence and licensing reviews to clients who are considering a public offering of securities or a loan portfolio acquisition.

Due Diligence

Thorough due diligence is an essential part of McGlinchey Stafford's consumer financial services practice. Our team of Consumer Financial Services attorneys conduct diligence in a manner befitting the world's top financial institutions. When loan portfolios reflect poor organization or servicing practices, we quickly identify the problems, and clearly communicate practical legal solutions. In addition, the team's experience with document drafting and preparation for finance programs in all fifty states allows team members to highlight document deficiencies and areas of exposure for portfolio acquirers and other investors.

Licensing

Consumer Financial Service Group team members manage licensing issues for all types of consumer lenders. To simplify the process and put clients into business more quickly, team members maintain a working relationship with state regulators. The start-to-finish licensing process is efficiently administered by our team so that clients can focus on what is important – growing their business.

Public Offerings

A company going public must be properly licensed and in compliance with applicable laws. McGlinchey Stafford renders regulatory compliance opinions in connection with public of securities by mortgage lending, manufactured housing, and automobile finance clients.

Service Areas

Regulatory and Compliance

McGlinchey Stafford's Regulatory and Compliance Team provides a full range of regulatory and compliance services to consumer lending institutions around the country. Our notable experience working with various financial institutions and regulatory agencies, both state and federal, contributes to the guidance we provide for our clients in the industry.

Our regulatory and compliance practice supports the following lending products:

  • Construction to perm lending
  • Consumer goods
  • Conventional mortgage lending
  • Credit card programs
  • Education loans
  • Electronic contracting
  • Home equity lending
  • Manufactured housing finance
  • Mortgage servicing
  • Motor vehicles
  • Personal property finance
  • Predatory lending compliance
  • Privacy compliance
  • Real property finance
  • Specialized consumer lending
  • Watercraft

Financial Technology (FinTech)

McGlinchey Stafford works with a number of Financial Technology (FinTech) companies and marketplace lenders that offer alternative lending and payments solutions. We provide legal compliance advice on all types of issues impacting these companies when developing a national lending program, whether through the use of a bank partnership program, state lender licenses, or both. Common compliance issues range from the creation of bank partnership models, utilization of unconventional underwriting models, licensure on a 50-state basis, and the development and implementation of innovative consumer lending products and payment mechanisms. McGlinchey Stafford also assists FinTech companies and marketplace lenders on compliance matters involving payments to ensure that the use and acceptance of electronic payments complies with federal regulations and other guidance, the rules and guidance issued by the Electronic Payments Association (NACHA), and the operating rules of the major credit and debit card brands.

Real Property Finance

McGlinchey Stafford is a one-stop resource for the residential mortgage lending industry. Representing lenders in today's volatile marketplace requires an ability to develop and implement national cutting-edge legal and business solutions throughout the banking process. McGlinchey Stafford attorneys strategically maneuver this process while advising clients every step of the way.

From the initial stages of licensing to preparing multi-state loan documentation to post-closing servicing and collection activities, McGlinchey Stafford attorneys aim to provide clients with sophisticated guidance. Addressing lending issues often demands inter-practice group coordination and our mortgage lending clients always have access to the firm's vast resources.

Multi-state Document Drafting and Preparation

McGlinchey Stafford prepares documents for a wide range of consumer loan and sales finance programs in all 50 states. Using sophisticated transmission software, the documents are securely and expeditiously delivered to the client.

McGlinchey Stafford provides support in the following areas of law:

  • Closing processes
  • Education and training
  • Loan program implementation
  • Loan servicing
  • Mortgage lending documentation
  • Multi-state licensing
  • Predatory lending compliance
  • Product development
  • Quality control and compliance assurance
  • Secondary marketing

Personal Property Finance

McGlinchey Stafford's Personal Property Finance Group covers a number of related areas: automobiles, watercraft, consumer goods and other specialty financing. Consumer lenders throughout the country often select this group to manage their national lending and finance projects. The group develops and reviews multi-state documentation and ensures that lending programs are compliant with applicable state and federal laws. Group members are integrally involved in each aspect of the financing process, from the initial credit application to the documentation of the sale and financing, through the repossession and disposition of the collateral.

McGlinchey Stafford's services comprise the following:

  • Consumer leasing documents
  • Education and training
  • Product development
  • Quality control and compliance assurance
  • Retail installment sales documents
  • Sales finance and direct loan documents
  • Sales finance and direct loan licensing
  • Sales finance and loan servicing
  • Secondary marketing

Specialized Consumer Lending

McGlinchey Stafford has unique experience advising clients who operate in the following specialized areas of consumer finance.

Manufactured Housing Finance

McGlinchey Stafford has built a manufactured housing legal team whose knowledge and practical experience are unmatched. The firm is a pioneer in this industry, creating the legal model that other firms emulate. Whether affixed to real estate or in a manufactured housing community, McGlinchey Stafford attorneys direct the entire legal financing process from origination to servicing.

  • Direct loan documents
  • Education and training
  • Federal interest rate preemption
  • Legislative and regulatory monitoring
  • Loan product development
  • Manufactured housing default servicing
  • Quality control and compliance assurance
  • State licensing
  • Summaries, guides, and forms
  • Tiny home financing
  • Titling and perfection

Education Loans

McGlinchey Stafford works with lenders and loan program administrators to develop documentation and compliance systems for private student loan programs.

Credit Card Programs

The Consumer Financial Services Group has years of experience in designing credit card programs for banks and merchants and providing continuing advice for those lenders on state and federal law issues.

Privacy Compliance

The Consumer Financial Services Group closely follows the latest developments in the law regulating consumer privacy and the sharing of consumer financial information to guide clients who are developing and implementing a compliant privacy policy.

Electronic Contracting

The Consumer Financial Services Group can assist clients in converting their paper contracts and other documents into online electronic contracts that can be signed electronically. We help the client design websites and screens in a way that complies with the new laws that regulate these practices.