Banking Misconduct Blog

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...

We are no fans of special servicers. At the top of our list of bad commercial loan servicers are CWCapital Asset Management (“CW Capital”) and LNR Partners. We have litigated complex CMBS cases against both companies, something few lawyers have done. Because our practice is so unique,...

Michael Masters is a true American hero. An Army soldier who served during the Gulf War, Michael is a 100% disabled veteran. Like many wounded warriors, he found it difficult to assimilate back into civilian life. Today he is homeless and struggling to get back on his feet.
Michael survives...

[Ed. Note - If you own a commercial property and find your loan has been transferred to a special servicer, READ THIS POST.]
The owners of a Ft. Wayne shopping center have filed suit against special servicer LNR Partners and others over a mortgage covering the property where the center is...

The Consumer Financial Protection Bureau (CFPB) has just finalized a rule which will further protect consumers from serial violators like the infamous subprime mortgage servicing giant OCWEN. Under the new rule, banks and financial companies will no longer be allowed to use agreements that prevent...

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...

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 class....

It is a dangerous world right now for CMBS financed real estate investors. 2017 is expected to bring in a record number of defaults. Much of those defaults are simply the result of bad timing. Loans financed at the height of the real estate market in 2007 are coming due today. (Most CMBS borrowers...

Between 1990 and today, some 8500 banks have disappeared. (Since the banking crisis in 2008, 525 banks have closed by regulators according to problembanklist.com) In most instances, FDIC insurance will protect deposits. The real harm often comes to commercial borrowers.

Danger Faced...

After years of losses and weak financials, the FDIC swooped in last night and closed Guaranty Bank. With over $1 billion in deposits and 119 branches scattered across 5 states, thousands of depositors and borrowers are wondering, “what happens next”?

As lender liability...