Kaufman and Canoles

Terry C. Frank

Member

Office: Richmond

T (804) 771.5745
F (804) 771.5777

tcfrank@kaufcan.com

Terry is a member in Kaufman & Canoles’ Richmond office, where she concentrates her practice in litigation and regulatory compliance issues related to real estate finance, mortgage banking and consumer finance. Her clients consist of large national banks and mortgage companies, regional and community banks, credit unions and other secured and unsecured lenders in complex commercial, class action and bankruptcy litigation. She works closely with in-house counsel to identify realistic solutions, provide pragmatic advice and has defended over 200 cases in state and federal courts. Her bankruptcy practice includes representation of trustees, creditors’ committees, financial institutions and other creditors in adversary proceedings. She frequently negotiates workouts and settlements between lenders and borrowers. In addition, her trial practice includes a variety of corporate and civil matters, including shareholder and derivative claims, disputes relating to real property, title claims, mechanic’s liens, commercial landlord-tenant issues, eminent domain, land use and zoning issues. Terry is admitted to practice in all state, federal and bankruptcy courts in Virginia and North Carolina, as well as the Fourth Circuit Court of Appeals.

Practice Areas

Representative Matters

  • Represents lenders, servicers and investors in mortgage litigation and class actions related to issues arising under consumer foreclosure disputes (including HAMP, HARP and MHA programs), alleged fraudulent mortgages, loan documentation and servicing issues, FHA requirements, predatory lending, MERS and assignment issues, and claims brought pursuant to the federal Truth in Lending Act ("TILA"), the Home Ownership and Equity Protection Act ("HOEPA"), the Real Estate Procedures Settlement Act ("RESPA"), and Virginia’s CRESPA.
  • Advises clients in fair lending, UDAAP and regulatory and compliance matters involving the CFPB, DOJ and federal and state agencies.
  • Represents lenders and credit card issuers in consumer disputes, claims made under the Fair Debt Collection Practices Act ("FDCPA"), Fair Credit Reporting Act ("FCRA"), Fair and Accurate Credit Transactions Act ("FACTA"), Equal Credit Opportunity Act ("ECOA"), Telephone Consumer Protection Act ("TCPA"), unfair and deceptive trade practices, debt collection violations, identity theft, privacy issues, bankruptcy and fiduciary-related claims.
  • Advises clients lenders, brokers, servicers and other settlement service providers, including counseling clients on state and federal regulatory compliance obligations, including licensing fees, record retention, advertising obligations and restrictions, disclosure requirements and anti-predatory lending laws.
  • Represents lending institutions and finance companies in the automotive, boating and other industries against borrowers for the recovery of secured collateral and loan defaults in detinue seizure (VA) and replevin (NC) actions representative matters (cont.)
  • Represents creditors in state and federal criminal forfeiture proceedings
  • Serves as trustee in foreclosures of commercial properties and large-scale residential developments
  • Represents creditors, receivers, creditor committees and trustees in Chapter 11 bankruptcy and other proceedings

Recognition and honors

  • Virginia Rising Stars; Law & Politics, 2009-2013
  • Virginia’s Legal Elite; Virginia Business Magazine, 2009, 2013

Associations

  • American Bar Association
  • Virginia Bar Association
  • North Carolina Bar Association
  • City of Richmond Bar Association
  • Federal Bar Association
  • Virginia Bankers Association
  • Mortgagge Bankers Association
  • Metro Richmond Women's Bar Association

Admissions

  • North Carolina, 2003
  • Virginia, 2007
  • U.S. Court of Appeals, Fourth Circuit
  • All North Carolina U.S. District Courts and Bankruptcy Courts
  • All Virginia U.S. District Courts and Bankruptcy Courts

Education

  • Mary Washington College; B.A., 1996
  • University of Richmond School of Law; J.D., 2003

press and publication