Banking practice description

Carney Stanton represents financial institutions and other companies in connection with the negotiation and documentation of complex secured and unsecured commercial credit transactions. Walt Stanton, Tom Carney and Peter Carney (who received a Master of Laws in Banking Degree from Boston University in 1993) have more than 90 years combined legal experience relating to bank financings and have been involved in numerous lending transactions, including multi-million dollar loans secured by a wide variety of collateral, such as real property, inventory and accounts receivable, stock, partnership interests and limited liability company membership interests, affiliate portfolios, equipment, intellectual property and other collateral. Our many years of bank, real estate and title work (through our affiliate Crystal Title & Escrow Company, Inc.) experience and creativity allows us to develop the appropriate structure and documentation to address the problems and issues which often arise in complex financing transactions. Tom Carney previously served as general counsel to Carney Bank from 1986 to 1996 and as Palm Beach County counsel to County Bank from 1996 to 1998 when County National Bank was acquired by Republic Security Bank.

Real estate transactions have become increasingly more complicated as a result of the increased regulatory and economic environment. Carney Stanton helps its clients navigate this complex landscape by delivering expert, experienced and cost-effective real estate legal services.  Carney Stanton can frequently deliver these services to our banking clients on a fixed fee basis with an up front agreed to budget for our services.

Walt Stanton, Tom Carney and Peter Carney bring together comprehensive industry knowledge of property acquisition, financing, development, construction financing, taxes, and contract law to facilitate the following:

• Commercial and residential property acquisitions and sales
• Bank financings and related mortgages
• Commercial property leasing
• Condominium conversions Counseling on zoning and land use issues
• Structuring of real estate transactions
• Interest Rate Swaps

The Carney Stanton lawyers have extensive experience in various regulatory counseling and representations before financial institution regulatory agencies, including the Federal Reserve, the Office of the Comptroller of the Currency, the Federal Deposit Insurance Corporation, and the Florida Office of Financial Regulation. Directors of Carney Stanton have represented banking institutions in the filing and processing of regulatory responses, applications for de novo bank charters, changes in bank control and  the negotiation and documentation of bank regulatory enforcement actions.

Carney Stanton also represents banks and financial institutions in litigation involving lending-related and other financial business disputes. Carney Stanton has litigated matters involving the enforceability of guarantees, the effectiveness of confession of judgment clauses, the appropriateness of contractual interest rates, the enforceability of various self help clauses and issues relating to letters of credit.

Carney Stanton has also litigated problem real estate loans. Carney Stanton has represented lenders in foreclosure actions, have obtained the appointment of receivers to manage troubled real estate projects and have brought suit against developers and their responsible affiliates in order to enforce the terms of the purchase related contracts. Carney Stanton attorneys can also defend lawsuits brought against financial institutions. Carney Stanton brings added value to bank clients due to our experience in those claims that involve allegations of lender liability for breaches of various alleged duties and responsibilities.