Banking Misconduct Blog


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...

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...

Judge Accuses Bank of America of "Battle-Fatigued Demoralization"

A federal judge in Sacramento, California has given Bank of America a lesson in corporate responsibility. Bankruptcy Judge Christopher Klein sanctioned America's "Too Big to Care" banking giant up to $46 million for causing severe emotional distress to a California couple facing foreclosure. In the...

TIC Groups Beware – Is Your Manager a Wolf in Sheep’s Clothing?

TIC investors don’t get much sleep these days. The recent conviction of Carlton Cabot may have put one of the most notorious TIC promoters behind bars but there is still a tremendous amount of bad behavior involving tenant in common financed real estate projects. In this post, we will discuss...

Another CMBS Investor Deal Heads to Special Servicer LNR Partners

Back in 2006, investing in the Little Rock Regions Bank Building sounded like a great deal. That year, the real estate market nationwide was quite hot. Few knew that within two years, the bubble would burst. In September of that year, a company called NNN 400 Capitol Center and several dozen...

JP Morgan Hit with Lender Liability Claim in Sale of Good Technology Inc.

Good Technology Inc. is a mobile security provider that is today owned by BlackBerry Limited. How BlackBerry acquired the company and the price they paid is at the heart of the controversy, a controversy involving lender liability and conflict of interest claims against JP Morgan Chase...