Banking Misconduct Blog


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...

CMBS Loan Modifications – Who Should You Call?

You are a borrower with a multimillion loan. The bank where you borrowed the money has long ago sold the loan to a Commercial Mortgage Backed Securities or CMBS trust. Worried about falling occupancy or even hoping for better terms, you decide to seek a loan modification. What should you...

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...

Non Payment Defaults in the Energy Service Sector

With a record number of defaults in the oil and gas sector, banks and other lenders are pulling back on loans and credit lines. And not just to the oil and gas companies. The entire energy sector is feeling the pain including oil field service companies. Typically banks won’t call a loan...

Can a Lender Declare a Nonpayment Default Because of “Political Risk”?

If most business owners ever bothered to read the fine print in bank loan documents, they would be shocked. Unlike residential lending which has come under increased scrutiny since the 2008, commercial lending is still the Wild West of the banking world. And usually it is the bank that has far more...

Bank’s Bad Faith Means Lien Avoidance

Earlier this year, the federal 7th Circuit Court of Appeals issued a major ruling against lenders. Although the case involved federal bankruptcy law, there is plenty for victims of bad banking behavior to celebrate. To put the case in context, some history is necessary.
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