Banking Misconduct Blog


Home Foreclosure Defense – The Guerrilla Edition

[Note: We don’t handle foreclosure or consumer issues unless part of national class action. That means we can’t represent you on an individual foreclosure matter but we do understand the issues and have suggestions to offer… suggestions that go well beyond the general fluff pieces you often read that offer such advice as “gather all your paperwork…”

We are publishing this piece as general information. The laws in every state are different, especially when it comes to residential foreclosures. We urge you to contact a local lawyer for help. Knowing that finding someone good is often a challenge, especially when funds are tight, we offer some specific suggestions below.

Thank you and God Bless.]

Before we get to the specific guerrilla tactics, there are some general things you should consider. Much of this is what you typically find on the Internet.

1.     Find a Good Lawyer

Most foreclosure defense lawyers are glorified bankruptcy lawyers. That is not an indictment of the bankruptcy bar or the lawyers that practice foreclosure defense. There is a time and place for bankruptcy. We often work closely with bankruptcy lawyers and sometimes they are the only folks who can save your home....


When Foreclosure Leads to Suicide- Wrongful Foreclosure Post

Foreclosure disrupts lives and families. Credit is ruined, families often split and years of hard work is lost with just one rap of a gavel. Beyond the dollars and cents, there is another cost of foreclosure, the loss of one’s physical and emotional health. Some folks rebound quickly while...

Time Period to Sue a Bank for Breach of Fiduciary Duty

In a previous post, we discussed the difficulty in bringing claims for fiduciary duty against lenders. Despite popular opinion, the normal lender – borrower relationship does not create a fiduciary duty on the bank’s part in most states. There are many exceptions to the rule meaning...

Can I Sue My Bank for Breach of Fiduciary Duty?

“Can I sue my bank for breach of fiduciary duty” is a question we often hear. Many folks are quite surprised when they receive our answer. As a general rule, in most states banks do not owe a fiduciary duty to customers. There are exceptions, however.
There is a popular...

Can a Lender Use Customer’s Confidential Info for Lender’s Benefit?

Lender’s frequently obtain confidential information from customers. Anyone who has ever completed a loan application or sought commercial financing knows how much data banks want… assets, profit projections, valuations, trade secrets, key personnel, even information about intimate...

Bank of America Atty “Stonewalling”? - Lender Liability Post

The owners of a home taken by Bank of America have accused the bank and its lawyers of “stonewalling” efforts to prosecute the bank for wrongful foreclosure. Catarina and Alejandro Francisco claim that the bank’s lawyer improperly instructed a Bank of America employee to not...

Suing Banks – Bad Faith Default Leads to Big Win Against GMAC

This case is one from the archives but the principles and law behind the decision are still valid today. In 2009, a Philadelphia jury awarded Donald Mente and his new and used car dealership, Mente Chevrolet, $4 million after finding that GMAC had used thinly disguised pretexts to declare the...

Banks Tighten Credit, More Non-Payment Defaults Expected
non payment default

The Federal Reserve’s senior loan officer survey is due to be released tomorrow but already the news has leaked. For the fourth straight quarter, banks have toughened their underwriting criteria. That means it is getting harder to get or renew a loan. For those fortune to receive financing,...

Wells Fargo’s “Scorched Earth” Bid to Dismiss Fraud Case

Wells Fargo is no stranger to claims that it engages in shady residential lending and foreclosure practices. We regularly investigate and prosecute commercial claims involving America’s 3rd largest lender. Their behavior on the commercial side is no better.
In June of 2015, Latasha...

Zions First National to Pay $37.5mm to Settle RICO Suit

A long running battle between consumers and Zions First National Bank came one step closer to resolution this week. The bank and two of its subsidiaries agreed to pay $37.5 million to settle a lawsuit brought under the Racketeer Influenced and Corrupt Organizations Act (RICO). The suit claimed that...