Banking Misconduct Blog


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...

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.
Sentinel Management...

Met Life and Punitive Damages (Lawyers that Sue Banks Post)

We love it when a jury hits a major financial giant punitive damages. It doesn’t happen often but that is because most banks and lenders would rather settle before going before a jury. Keeping the case alive long enough to get them to the jury is the trick.
Bank of America took just one...

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. [break]

If...


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...

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...

Predicate Acts for NJ RICO Statute

Editor’s Note – The following article on RICO was written for lawyers and is to be published in the National Law Review. We are posting it here because it useful for business owners and individuals victimized by banks and others. RICO is one of the most powerful anti-fraud statutes on...

SEC Sues Wells Fargo for Misleading Curt Schilling Bond Offering

Curt Schilling is a household name in New England. A former pitcher for the Boston Red Sox, Schilling helped lead three different Major League Baseball teams to the World Series. After retiring in 2008, Schilling went on to start a video game company. That is where this sad tail...