Banking Misconduct Blog


Anatomy of a Lawsuit Against Rialto Capital Partners

Anatomy of a Lawsuit Against Rialto Capital Partners

[This post is taken from court documents and a story published by Law360. Although we represent the Plaintiffs in the lawsuits, we do not comment on pending litigation.]
Many commercial projects are financed with CMBS loans. Short for “Commercial Mortgage Backed Securities,” CMBS...


Common CMBS Problems (How to Fight Your Lender and Win)

Borrowers’ Nightmares from CMBS Funded Loans Much of our lender liability practice revolves around borrowers in CMBS loans. Although down in number from their heyday in 2008, they are still in use and many borrowers seek them out. While they may look attractive at first, they often catch...

Wells Fargo Ordered to Face Claims Over Loan Fees

Wells Fargo Ordered to Face Claims Over Loan Fees

Wells Fargo is at it again, this time facing allegations that it improperly charged homeowners with erroneous fees. The bank sought to dismiss the case but a federal judge in Camden, New Jersey said the homeowners could proceed with their bad faith claims. Since the case was brought as a class...

Wells Fargo Sanctioned for Illegal Fees

Bankruptcy is designed to provide a fresh start for honest but unfortunate debtors and to ensure creditors are treated fairly. A federal bankruptcy court judge in Manhattan recently ruled that Wells Fargo failed miserably in its treatment of several of its business clients. By taking money to which...

Voting with Your Feet – Wells Fargo Customers Leave in Droves?

Wells Fargo just won’t die. Billions of dollars in fines and penalties. Countless lawsuits. Even probation from bank regulators. Yet the company not only hangs on, it is still earning a profit too.
For many big banks, fines and penalties are a cost of doing business. Their business plan...

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....

Manipulating Collateral Value to Force Default

Here is a dirty trick sometimes used by banks; manipulate the value of collateral to force a default, obtain more collateral or both. In many commercial loans, lenders require a borrower to maintain a certain value of collateral to secure their loan. Sometimes an unscrupulous bank will artificially...

Pantheon of Weasels (Lawyers that Sue Banks Post)

"The industry looks at the Wells Fargo disaster as a speed bump in its effort to declaw the CFPB instead of as one more wake-up call. That says all that America needs to know. Banking joins Big Tobacco and Big Sugar in the pantheon of weasels." American Banker – Quote of the Week. September...

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...