Banking Misconduct Blog


Borrower Defaults, Sues Banks... But Who One?

Borrower Defaults, Sues Banks... But Who One?

[Post updated through December 2020] We love when the underdog wins. Why? We are one of the very few lender liability law firms that only sue banks. Most lawyers that practice banking law represent the banks and not borrowers. Needless to say, borrowers are almost always the underdogs.
This...

Special Servicers – Do They Answer to Anyone? CMBS Post

Anyone commercial property owner facing a special servicer soon learns the deck is stacked. Many commercial loans today are securitized and packages into loan pools. These pools are sold to a trust that is owned by institutional investors. Unlike a bank that has offices and employees, a CMBS trust...

Fraud Alert: Having Trouble with Your Bank? Don’t Tweet!

We don’t often publish fraud warnings, social media is full of them already. This one comes to us from our friends in the U.K. and is certainly worth repeating.

Tweeting about Problems with Your Bank Makes You a Target for Fraudsters
Think about it… you go to...


LLC Members Found to Owe Fiduciary Duty

Court Recognizes “Fiduciary in Fact”, Says Execs Must Face Suit Claiming They Violated Fiduciary Duty to REIT Investors
Whether there is a fiduciary duty is one of most hotly contested battles in lender liability cases. Often the answer to that question determines whether...

JPMorgan Chase Sued Over Unauthorized Withdrawals

Is JPMorgan Chase Responsible for Unauthorized Withdrawals?
Imagine you own a small business. For years, you struggle to build the business, keep customers happy and hopefully earn a small profit. As a restaurant owner, you focus on making sure you have the best ingredients, good staff and...

JP Morgan Chase and $4 Billion Punitive Damage Award

Banks are seemingly all-powerful, and yet we have repeatedly been able to hold them accountable for their unethical behavior. When banks that gamble with the property and well-being of Americans face true justice, it is always a time for honest citizens to celebrate. That is the case of JPMorgan,...

Judge Triples Damages against Allied Home Mortgage to $268mm!

Most of our cases are lender liability actions brought by businesses and investor groups against banks, mortgage companies and special servicers. Sometimes, however, we file cases on behalf of the United States and taxpayers. Our False Claims Act brought on behalf of the United States resulted in...

Ocwen’s Many Evils - Systematic Abuse of Struggling Homeowners

Last April, the Consumer Financial Protection Bureau announced a lawsuit against Ocwen and its subsidiaries for “failing borrowers at every stage of the mortgage servicing process.” The CFPB’s statement claimed that “Ocwen’s years of widespread errors, shortcuts, and...

Independence Day, Bank of America, and Financial Tyranny (HAMP Post)

Topics:
-Bank of America Accused of Stealing Homes -Fighting Back Against Banks -The Truth about HAMP Modifications Today is July 4th and in thousands of communities, people will celebrate our independence with fireworks tonight. Independence from tyranny and a privileged ruling class....