Banking Misconduct Blog


Current Challenges in CMBS Financing

Current Challenges in CMBS Financing

CMBS Loan Maturities and COVID-19 Last year was a rough year for many CMBS borrowers, particularly those owning hotels, retail space (shopping centers) and office buildings. In a matter of a few short weeks our nation went into lockdown. Even in red states where many businesses were allowed to...

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...

Hotel Values Plummet – Borrowers Seeking Help

Hotel Values Plummet – Borrowers Seeking Help

Anyone who owns an office building, shopping center or other commercial space has probably seen their property values decrease since the pandemic began. Particularly hard hit are hotels, especially those in tourist areas.

The Financial Times reported in September that values are down...

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...


LNR Partners... Coronavirus Scrooge Award

LNR Partners... Coronavirus Scrooge Award

Yesterday Goldman Sachs predicted America’s GDP for the 2nd quarter would plunge a breathtaking 24%. Previously, the largest drop in U.S. history occurred in 1958. That was just 10%. Despite all the doom and gloom, both the government and private sector are working together to keep businesses...

LNR Partners – Storm Clouds Brewing for Special Servicers (CMBS Post)

LNR Partners – Storm Clouds Brewing for Special Servicers (CMBS Post)

[Editor’s Note: This post originally appeared in September 2014 on our sister site Mahany Law. The post has been rewritten and moved to this site. Important information appears at the end relative to the coronavirus pandemic and its impact on the hospitality industry.]\
Imagine that you...

Pre-Negotiation Agreements – Beware the Lurking Danger

Pre-Negotiation Agreements – Beware the Lurking Danger

Watch any reality cop show and you will likely hear the words, “Anything you say can and will be used against you.” Pre-Negotiation Agreements (often called PNAs) are much the same. Many unscrupulous lenders will stuff these agreements with one-sided waivers and clauses favoring the...

Springing Guaranties and Bad Boy Provisions

Springing Guaranties and Bad Boy Provisions

Banks want as much security as they can when they loan money. Conversely, borrowers want to avoid as much personal liability as possible. It is been that way since the beginning of banking.

One tool that has found favor in recent years is a “springing guaranty” or...

Borrower Defaults, Sues Banks... But Who One?

Borrower Defaults, Sues Banks... But Who One?

[Post updated through December 2020] We love when the underdog wins. Why? We are one of the very few lender liability law firms that only sue banks. Most lawyers that practice banking law represent the banks and not borrowers. Needless to say, borrowers are almost always the underdogs.
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