Banking Litigation

Banking Litigation

Even the best-prepared businesses face unexpected turns. Banks and other financial institutions are often relentless in pursuing borrowers, particularly when market conditions and circumstances create friction in what had previously been a mutually beneficial business relationship. We represent individuals and businesses in their dealings with bank and lenders, helping our clients manage substantial and
contentious disputes.

Below is a list of recent, representative matters:

  • Achieved a $1.5 million verdict in favor of a developer against an established
    bank for refusal to honor its loan commitment, despite the bank’s denial that
    the borrower met the conditions of a commitment letter.
  • Defended a local businessman against a bank attempting to enforce a
    multimillion-dollar repayment of a loan, successfully pursuing our client’s
    claim that the bank’s conduct interfered with our client’s business.
  • Negotiated a substantial settlement against a large local bank on behalf of a
    developer by successfully arguing that the bank improperly categorized
    construction loan proceeds.
  • Defended against a bank’s attempt to enforce a multimillion-dollar loan
    repayment based upon our client’s claim that the bank damaged its business
    during the bank’s loan-collection process.

Lender Liabililty

Loan agreements require lenders to fulfill their agreed-upon obligations and act in
good faith. Yet oftentimes, in the face of the law and the terms of the agreement
reached with its customers, lenders overreach and abuse their position. We have
substantial experience handling lender liability matters, including breach of
contracts, tortious interference, fraudulent misrepresentation, and the opening and
striking of confessed judgment. We have represented institutional and private
borrowers in negotiations, workouts and litigation against banks in courts at the
state and federal levels, as well as in arbitration and mediation.

Below is a list of representative lender liability matters:

  • Obtained an injunction against a bank, barring it from filing a confession of
    judgment against the borrower, protecting not only money but also the
    borrower’s credit status and reputation.
  • Won the opening of judgment entered against our clients by major financial
    institutions.
  • Caused a judgment confessed to be stricken and rendered a nullity.
  • Obtained a forbearance agreement from a regional financial institution and
    vacation of judgment after filing a petition to strike and open judgment
    entered by confession.
  • Obtained a multi-million dollar settlement against a major financial
    institution for failing to provide financing required by the loan agreement
    and commitment letters.
  • Achieved a $1.5 million verdict in favor of a developer against an established
    bank for refusal to honor its loan commitment, despite the bank’s denial that
    the borrower met the conditions of a commitment letter.
  • Defended a local businessman against a bank attempting to enforce a
    multimillion-dollar repayment of a loan, successfully pursuing our client’s
    claim that the bank’s conduct interfered with our client’s business.
  • Negotiated a substantial settlement against a large local bank on behalf of a
    developer by successfully arguing that the bank improperly categorized
    construction loan proceeds.
  • Defended against a bank’s attempt to enforce a multimillion-dollar loan
    repayment based upon our client’s claim that the bank damaged its business
    during the bank’s loan-collection process.

Consult with our skilled and experienced attorneys about your case.