Lender Liability

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

" Dennis is an outstanding attorney. He is very bright and adopts a practical approach to solving problems for his clients. " — Stanley C.

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