Banking Misconduct Blog


Mall Says It Didn’t Default on Wells Fargo Loan (False Default)

Mall Says It Didn’t Default on Wells Fargo Loan (False Default)

We have represented many shopping centers, office parks and hotels. In recent times, many have missed payments because of the pandemic. While courts are usually sympathetic to borrowers who are struggling because of low occupancy or tenants that won’t pay, defending a monetary default case is...


Ocwen’s Many Evils - Systematic Abuse of Struggling Homeowners

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...

Independence Day, Bank of America, and Financial Tyranny (HAMP Post)

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....

Judge Accuses Bank of America of "Battle-Fatigued Demoralization"

A federal judge in Sacramento, California has given Bank of America a lesson in corporate responsibility. Bankruptcy Judge Christopher Klein sanctioned America's "Too Big to Care" banking giant up to $46 million for causing severe emotional distress to a California couple facing foreclosure. In the...

Can I Sue My Bank for Not Providing Promised Refinancing

[Spoiler Alert – There is hope for borrowers fighting banks who failed to deliver on a promised refinancing.]

The failure of banks to deliver on a promised modification or refinancing is one of the most frequent complaints we hear from commercial borrowers. In the typical...

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...

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...

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...

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...