Denver Banking and Finance Lawyer

Banking and Finance Attorney in Denver

Banking attorney Douglas D. Koktavy has extensive experience in banking and commercial law, including commercial, consumer and agricultural collections.

We have represented financial institutions at all stages, from loan review legal audits, to workouts on delinquent loans, to collections in litigation, foreclosures on personal property and real property, including judicial foreclosures with the appointment of receivers, to bankruptcies in Chapters 7, 11, 12 and 13.

Our experience includes the enforcement of judgments by a sheriff’s seizure of various business and agricultural assets.

We are experienced in reviewing and advising an institutional lender on its loan participation agreements and commitment letters.

This includes drafting deposit agreements, loan documents, and subordination agreements. We have expertise with all aspects of the Uniform Commercial Code and have drafted and revised security agreements and advised clients of proper loan and policy procedures regarding security interests in personal property.

We have extensive experience in foreclosure work.

This includes numerous public trustee real estate foreclosures, replevin actions and judicial real estate foreclosures. Our team is well-versed in the nuances of creditor bankruptcy, offering robust support for financial recovery.

We are experienced in the appointment of receivers and receiver’s rights and duties involved with judicial foreclosure actions.

This experience also includes foreclosure and repossession of personal property under Article 9 of the Uniform Commercial Code.

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Denver Banking Attorney FAQ

How can a finance attorney assist with loan agreements?

A finance attorney can assist with drafting and reviewing loan agreements, ensuring they comply with legal standards and protect your interests. In Denver, our finance attorneys are experienced in handling complex loan documentation and security agreements.

What is the role of a finance attorney in foreclosure proceedings?

A finance attorney plays a crucial role in foreclosure proceedings by representing financial institutions in judicial foreclosures, public trustee sales, and repossessions. In Denver, our attorneys have extensive experience in managing these processes and protecting lenders' rights.

What documents and timelines start a Colorado public trustee foreclosure for a bank’s deed of trust?

A foreclosure typically begins when the holder files a Notice of Election and Demand with the public trustee. Within 20 days after recording the NED, the public trustee must mail the combined notice to parties on the mailing list. Statutes detail required contents for the NED and combined notice, including sale date, place, and cure and redemption information. These notices must meet content rules and timeline controls to move the foreclosure toward sale. Banks should coordinate closely to ensure statutory mailing and publication are correct. The governing provisions are in C.R.S. 38-38-101 and 38-38-103.

When does it make sense for a bank to seek appointment of a receiver, and what authority can the receiver obtain?

Receivers can stabilize income-producing collateral and preserve value during foreclosure or related litigation. Under Colorado’s adoption of the Uniform Commercial Real Estate Receivership framework, courts may appoint receivers and authorize operations, sales, and other actions with court approval. The act provides procedures for appointment, receiver powers, and claims handling. Using a receiver can prevent waste and maintain cash flow while rights are adjudicated. This tool is often paired with judicial foreclosure or complex workouts. Authoritative background comes from the Uniform Law Commission’s act materials and Colorado foreclosure statutes referencing receiver appointment.

What compliance guidance should banks follow when partnering with fintechs or using vendors for loan participations and servicing?

Banks are expected to apply comprehensive third-party risk management across the lifecycle of vendor relationships. Interagency guidance from the FDIC, OCC, and Federal Reserve describes risk-based oversight, due diligence, contract structuring, and ongoing monitoring. For purchased loans and participations, the FDIC also emphasizes underwriting as if the bank originated the credit and maintaining independent risk controls. These principles apply to community banks and larger institutions alike. Strong documentation and board reporting are recurring supervisory themes. Key resources include the 2023 Interagency Third-Party Relationships Guidance and FDIC advisories on purchased loans and participations.

How do I get started with a banking attorney in Denver?

To get started with our banking attorney in Denver, contact us for a consultation. We will discuss your specific needs and provide expert legal advice tailored to your financial institution's requirements.

Additional Information in Denver, Colorado

Federal Reserve Bank of Kansas City - Banking Supervision: Contains valuable information on banking supervision and regulations affecting Colorado banks.

U.S. Small Business Administration - Loans and Grants: Details various loan programs and grants available to businesses, including those in Colorado.

Colorado Division of Banking - Rules and Statutes: Provides comprehensive information on the rules and statutes governing state-chartered banks and financial institutions in Colorado

Denver Banking and Finance Lawyer

Banking and Finance Attorney in Denver

Denver Banking Attorney FAQ

Additional Information in Denver, Colorado

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