Banking Misconduct Blog


Delay in Foreclosure May Not Be Defense to Deficiency

Arguments over delays in the time it takes to foreclose can have a huge impact on any resulting deficiency judgment. It often takes a bank years and years to complete a foreclosure. Sometimes foreclosures are filed, dismissed and then refiled years later. In most instances, the property owner loses...

NC Court Rejects Another Lender Liability Case

Charlotte, North Carolina is to home to many banks including Bank of America. Talk to anyone there and chances are pretty good that multiple members of their family are employed in the banking industry. It comes as no surprise, then, that the North Carolina Business Court and N.C. Supreme Court...

CMBS Woes - New Risks from B Piece Buyers

If the title of this post is confusing, you aren’t alone. There are only a handful of lawyers in the country that regularly handle Commercial Mortgage Backed Securities (CMBS) related issues. We are often called upon by the owners of real property to sue servicers, special servicers and...

N.C. Supreme Court Guts Lender Liability Claims

Banks have deep pockets and a tremendous amount of leverage. If you want to modify the terms of a loan, banks require borrowers to execute a loan modification agreement. Those agreements almost always contain language that says the borrowers waive all defenses they have against the bank. Is that...

Houston Jury Clobbers Wells Fargo in Lender Liability Case

Wells Fargo is still reeling after a Houston jury slapped the company with a $5.4 million judgment. The jury ruled against the bank and its mortgage servicer in residential foreclosure case involving a Texas couple. The bank had originally sued for foreclosure but the couple shot back with their...

Bank of America Faces Racketeering Charges (RICO)

One of the most powerful civil fraud statutes on the books is RICO – the Racketeer and Corrupt Organizations Act. Passed in 1970, the law was designed to pursue the Mafia. These days, the law can be used to prosecute many different types of wrongdoers, although most lawyers don’t...

Wisconsin Bankers Score Victory in Lender Liability Legislation

Wisconsin Governor Scott Walker signed legislation last week that gave a big boost to banks hoping to skate on lender liability lawsuits brought by borrowers. Act 120 was signed into law on December 16th. The bill protects banks, savings banks, credit unions and certain other lenders from claims by...

Chase Answer Due in Bizarre Identity Theft Case

Like many Americans, I have been a victim of identity theft. Actually, I am one of those very unlucky folks who have been victimized multiple times. As a former law enforcement officer, I was able to do my own investigation and determine who stole my identity. Those fraudsters were never...

Double Dipping Bank Slammed for $100 Million (Lender Liability Post)

The Delaware Supreme Court upheld an award of $78 million against RBC Capital Markets LLC. RBC is a Canadian investment bank. With interest, the award may now exceed $100 million.
Warner Pincus is a corporate raider. They buy up other companies. In 2011 the company acquired Rural/Metro, one...

Wrongful Foreclosure Battle in Arizona (CMBS Lender Liability Post)

In 2010, an Arizona company called EJM Kyrene Property agreed to sell property to sell 15 industrial properties located throughout the United States for $136 million. The buyer was KTR Property Trust. One of those properties was located in Tempe, Arizona.
There was some dispute over the Tempe...