Our lender liability law firm...
Was Your Company Victimized by a Bank, Loan Servicer or Fiduciary?
Our law firm sues banks, servicers and fiduciaries for misconduct – Nationwide.
Our premise is simple.
We make sure banks, CMBS trusts, loan servicers, and other financial institutions treat their borrowers and customers fairly. If they fail in this simple duty, our experienced and aggressive lender liability lawyers hold them accountable for all losses resulting from their misconduct.
We don’t let banks “steamroll” our clients and we work to find cost-effective ways to make fighting big banks financially feasible for victim companies and their owners.
Many company leaders come to us having heard about Brian Mahany’s record $16.65 billion (yes billion) win against Bank of America (yes they had to pay) in New York, our recent $2.4 billion case and $92 million verdict, trebled by the Texas court to $270 million, win against Allied Mortgage (yes they closed every office from New York to Texas to California as a result), claims against U.S. Bank, CW Capital, LNR Partners, or other high profile victories.
However, most of our clients are mid-sized companies and their owners with financial institution misconduct losses from a few million to more than a hundred million dollars. They select us for many reasons but primarily:
Most financial and lender liability law firms will not sue a bank, either due to a conflict or they do not want to lose out on lucrative legal work defending gargantuan banks;
We will never represent a bank, we represent their victims.
Most law firms are not competent to sue banks either due to inexperience (commercial loans, mortgage commitments, loan securitization issues, and CMBS problems are a complex and evolving field) or level of resources (banks put unlimited money into herds of lawyers who create more paper than the New York Times) available;
Our deep legal bench has decades’ of financial litigation experience and a track record opponents seriously consider when contemplating legal chicanery to conceal or justify their wrongdoing.
Our Lender Liability Lawyers Sue Banks for Many Types of Misconduct
Typically, lender liability claims arise when a financial institution or fiduciary violates a duty of good faith or fair dealing to its customer – borrower or has assumed such a degree of control over the borrower that it assumes a fiduciary duty.
Examples include:
- Failure to Honor Commitment: Wrongfully failing to honor a loan commitment;
- Failure to Renew a Loan: Wrongfully failing to renew loans;
- Improper Default Notices: Deliberately creating a technical default or wrongfully declaring a default in order to generate fees and penalties or acquire the property;
- Improper Foreclosures: Improperly foreclosing a mortgage or a security agreement without giving proper notice or following proper legal procedures;
- Improper Guarantee Enforcement: Improperly enforcing personal guarantees;
- Improper Acceleration: Improperly accelerating future provisions and enforcement of cross default provisions often found in loan documents;
- Wrongful Interference: Wrongfully interfering with a borrower’s day-to-day activities or the borrower’s contractual relations with third parties;
- Fiduciary Duty Breach: Breaching a fiduciary duty that the lender may have assumed with respect to the borrower.
If you have been unfairly treated by a bank, mortgage company, servicer, trustee, special servicer, or other financial firm, Don’t Suffer Another Day.
An Epidemic Lender Misconduct Scenario our Lender Liability Lawyers Expose & Stop
Every year it seems banks and other lenders manage to outdo themselves in terms of greed, wrongdoing, and immorality. In 2017 and 2018 our lender liability team has seen the following fact situation too often and it isn’t confined to big banks:
The Special Assets or Troubled Assets scheme.
A bank or private lender weaves a strong technical (small with no real effect on a lender’s security) default probability into the loan and security agreement, amidst 100 pages of fine print covenants and in this case, including a few in practice impossible, conditions.
The lender nudges your firm into a technical default status, then under the guise of “working with you” puts your company or asset group into their Special or Troubled Assets machine, running up big fees on top of increased interest rates upon inflated administrative expenses.
A scheming “troubled assets negotiator” team runs up a massive tab and forces you to make devastating short-term business decisions over the course of a year or so, crippling your cash flow and business, almost always leading to foreclosure and/or bankruptcy.
The private lender or bank takes your assets.
Here’s what’s really going on:
Banks and private lenders in these situations often DO NOT CARE ABOUT INTEREST. They care about WINDFALLS – usurious compounding fees and interest, plus, ideally for them – taking away a valuable asset – your company, your buildings, your money; at a fire sale price.
The entire scheme is launched from a technical default that they had planned.
So if you find yourself caught up in this pre-litigation bank negotiation, special assets trap,
You should move quickly – the idea is to spotlight the lender’s misconduct, stop it, and sue the bank – WHILE YOU ARE STILL IN BUSINESS.
If you do nothing, the results are absolutely foreseeable – they win, you lose your company and assets.
Here’s what you can do:
Fight back, expose and stop the misconduct and hold them accountable for your losses.
Call us 888.249.6944.
We have a methodology to stop a lender in their tracks and quickly turn the tables in your favor.
Suing banks, lenders, and servicers is all we do. It’s a complex and combative area of law and you need experienced banking lawyers who know the rules and the realities.
Act Quickly to Preserve your Rights and Assets – Call our Lender Liability Team
There are many statutory and practical time limits on actions you can take in a lender liability case, whether in state or federal court, so move quickly to hire lender litigation experienced lawyers.
We have helped business owners and firm executives get their companies out of lender traps and recover their financial losses and damages. Within our immediate team we have handled cases or are presently representing companies in 37 states, including New York, California, Texas, Illinois, Colorado, Florida, Arizona, Wisconsin and others.
That’s us, our national lender liability law practice and our premise.
If your loss or the potential loss to your business is at least $5 million – we should talk. We can, nearly always, help you get out of the lender’s trap and often recover your financial losses and damages.