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Senior Counsel, Banking Lending (director - Legal Counsel)
Refer job# KADC170718
 
Senior Counsel, Banking Lending (Director - Legal Counsel) The candidate will work closely with cross-functional business partners, as part of a dynamic legal team, in support of Schwab's lending initiatives to Affluent Clients, High Net Worth Individuals and Ultra High Net Worth Individuals, including its Pledged Asset Line of Credit, mortgage products, advisor loans, margin lending, unsecured lending, franchise loans and new loan products. Provide legal support to Schwab's Investor Services and Advisor Services businesses. Provide advice and guidance on the laws and regulations impacting secured and unsecured loan origination, maintenance, servicing, loss mitigation and new product development. Knowledge of the following laws and regulations: Uniform Commercial Code (UCC) Articles 8 and 9; Unfair, Deceptive or Abusive Acts or Practices (UDAAP) principles; Federal Trade Commission Act; Truth in Lending Act (TILA/Reg Z); Fair Credit Reporting Act (FCRA/Reg. V); Fair Debt Collection Practices Act (FDCPA); Equal Credit Opportunity Act (ECOA/Reg. B); and other laws affecting consumer and commercial lending. Experience advising clients with respect to legal issues arising in lending, consumer protection, private banking, financial services and operations. Support the development and implementation by the Legal team of processes, procedures and metrics to increase the overall effectiveness of the legal services provided to the company. Identify and advise of risks and provide practical solutions to address risks identified in conjunction with business needs. Provide appropriate counsel and guidance to identify, mitigate and provide practical solutions to address risks identified in conjunction with business needs. Review and advise on loan provisions, complex borrower organizational documents, loan structuring, new loan products, strategies, implementation and improvements. Draft, review, and negotiate agreements, contracts, and other legal documents and build standard forms as necessary. Assist in the development and implementation of policies, procedures and standard processes and advise business divisions and senior management of potential legal risks and implications of the same. Assign, manage and supervise matters to outside counsel. Advise on default and loss mitigation strategies. Support bank compliance and regulatory activities as they relate to Banking and Trust Services.

The candidate should have a J.D. or Master of Laws from an accredited law school and State Bar admission in good standing. (Texas, AZ, NY, NV, CA, IL preferred). Should have 5+ years of transactional legal experience with either a U.S. law firm and/or in-house legal department with a focus on bank lending transactions and related matters. Will strongly consider a savvy, flexible bank lending attorney with experience handling a variety of deal types, including secured or unsecured lending, mortgages, securities-based lending and troubled debt/loss mitigation. Knowledge of applicable banking laws, including the CRA and related laws and guidance. Strong organizational, interpersonal and communication skills (verbal and written) with the ability to collaborate with all levels of staff including senior management. Excellent written and oral communication skills. Proven track record to establish foundations for influence, building credibility and open, positive relationships. Team player with a strong focus on collaboration. Demonstrated ability to work in a fast-paced environment, respond to shifting requirements and business obstacles, and achieve practical solutions. Strong analytical skills and demonstrated judgment to evaluate risks, costs, and benefits. Demonstrated eagerness and ability to seek and embrace new technological solutions. An understanding of banking laws, regulations, secured and unsecured debt transactions and the UCC. Familiarity with private banking offerings, including credit products and estate/trust law. Strong leadership and eye for business including the ability to adapt to change and drive business growth, conceptualize and implementing strategic objectives, and navigating dynamic practice areas.
 
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