Banking Misconduct Blog


Unauthorized Fund Transfers (Bank Wire Fraud)

This is every consumer’s and business owner’s worst nightmare. One morning you open your email and see that large numbers of checks are bouncing. “That’s odd,” you think. There should be plenty of money in your account. Even though you know that there is money in your...

LENDER Sues Borrower for Deceptive Trade Practices

Most states have a Deceptive Trade Practices Act. These laws typically prohibit “unfair methods of competition and unfair or deceptive acts or practices.” The first state to enact such a law was Massachusetts in 1967. Today just over half the states have enacted similar laws.
The...

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...

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...

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...

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...

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...