Banking Misconduct Blog


CMBS for Novice Investors

Understanding Commercial Mortgage Backed Securities (CMBS) can be a daunting task for the novice investor. As lender liability lawyers, we grapple with complex loan arrangements daily. We understand the jargon, the many different players in a CMBS transaction and how all the pieces fit together....

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...

Can I Sue My Bank for Not Providing Promised Refinancing

[Spoiler Alert – There is hope for borrowers fighting banks who failed to deliver on a promised refinancing.]
 
The failure of banks to deliver on a promised modification or refinancing is one of the most frequent complaints we hear from commercial borrowers. In the typical...

Unauthorized Fund Transfers (Bank Wire Fraud)

This is every consumer’s and business owner’s worst nightmare. One morning you open your email and see that large numbers of checks are bouncing. “That’s odd,” you think. There should be plenty of money in your account. Even though you know that there is money in your...

LENDER Sues Borrower for Deceptive Trade Practices

Most states have a Deceptive Trade Practices Act. These laws typically prohibit “unfair methods of competition and unfair or deceptive acts or practices.” The first state to enact such a law was Massachusetts in 1967. Today just over half the states have enacted similar laws.
The...

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...

Foreclosure Defense and Legal Malpractice

Most of the lender liability cases we handle have been worked on by other lawyers prior to coming to us. Sometimes the clients aren’t happy with their lawyer and sometimes the lawyer refuses to sue the client’s bank. Believe it or not, many lawyers refer cases to us when they realize...

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...

Ocwen Tagged for Wrongful Foreclosure – “Can I Sue My Bank”

We sue banks for a living. Unfortunately, there are not many lawyers that can make that claim. Although we generally do not handle residential mortgage cases, we still like to share homeowner stories with happy endings. Too few “David vs. Goliath” stories end well these days, especially...

More Bad News for CMBS Real Estate Investors

The real estate industry is quite cyclical. Unfortunately, many investors who participated in the last round of shopping center construction are finding themselves in trouble. Worse, many are in deep trouble but don’t even know it. While institutional investors may be better prepared to...