VP, Assistant General Counsel - Litigation

As VP, Assistant General Counsel - Litigation you will report directly to the SVP, Associate General Counsel and provide all-around support and advice on a wide variety of multifamily and healthcare financing transactions, with a particular focus on special assets and litigation management. You will work directly with the various executives of Merchants Bank and its subsidiary, Merchants Capital, one of the nation’s top multifamily affordable lenders, advising on loan servicing and investor requirements and to identify and resolve potential issues after closing, including developing workout strategies, and overseeing litigation. 

We are a small team, who supports multiple departments on a variety of topics related to banking and real estate law. To be successful on our team, we want someone who likes to solve business problems, but also sees value in continuously learning within their discipline and industry and knows how to roll up their sleeves and get the work done.

After one year as our VP, Assistant General Counsel – Litigation, you will know you were successful if you are able to handle the following confidently and independently.

• Work with multifamily and healthcare asset management, credit, and special assets teams to identify loans that may have potential issues, develop strategy, and carry out such plan, including receiverships and foreclosures. 
• Interacts with loan officers, borrowers, sponsors, guarantors, and attorneys to enhance collections, negotiate repayment terms, and secure collateral.
• Manage outside counsel, including participate in developing any litigation strategy, and monitoring the status and progress of potential and active litigation. 
• Respond to subpoenas and represent the company before judicial and/or governmental bodies to protect the company’s interests, particularly as mortgagee of real property.
• Oversee acquisitions and disposals of OREO real estate, including advising on liability risks and landlord requirements under state and local laws, and assisting special assets team with property management companies.
• Work with EVP – Investment Real Estate and EVP - Chief Credit Officer to draft a variety of loan related documents, including modifications, extensions, waivers, and forbearance agreements. 
• Draft communications to and have direct conversations with borrowers, guarantors, and other parties associated with problem credits.
• Participate in complex capital market and securitization transactions, including understanding structure, reviewing assets, and providing guidance to internal partners on permissible/non-permissible or required (e.g., servicing decisions and reporting).
• For tax credit equity: review partnership agreements, review private placement memorandum, and provide guidance to asset management.
• Assist with regulatory compliance by participating in meetings with bank regulators and GSE representatives, providing guidance to executive team, and drafting responses.

VP, Assistant General Counsel’s expected skills and education…  

• Juris Doctor – required.
• Licensed and in good standing in a U.S. state – required.
• 10 years of real estate, lending, and low-income housing tax credits – preferred.
• Experience with multifamily affordable housing, litigation legal experience, and loan workout matters – required.

ABOUT MERCHANTS
 

Merchants Bancorp is a diversified bank holding company headquartered in Carmel, Indiana operating multiple lines of business, including Federal Housing Administration (“FHA”) multi-family housing and healthcare facility financing and servicing; mortgage warehouse financing; retail and correspondent residential mortgage banking; agricultural lending; and traditional community banking.  Merchants Bancorp, with $17 billion in assets and $14.1 billion in deposits as of December 31, 2023, conducts its business primarily through its direct and indirect subsidiaries, Merchants Bank of Indiana, Merchants Capital Corp., Merchants Capital Servicing, LLC, and Merchants Mortgage, a division of Merchants Bank of Indiana.
 

We are very proud of being recognized both nationally as one of the top-performing public banks in the US. By S&P Global Market Intelligence and locally as a Best Place to work in Indiana for seven consecutive years. Learn more about this read more here.