Banking Misconduct Blog


Tribe, Payday Lender Can’t Dodge RICO Claim

A Vermont federal court judge refused to toss a RICO claim filed against the Chippewa Cree payday lender, Plain Green LLC. The court also refused to enforce a loan provision that prevented borrowers from filing lawsuits or making class action claims. The payday lender unsuccessfully argued that...

Delay in Foreclosure May Not Be Defense to Deficiency

Arguments over delays in the time it takes to foreclose can have a huge impact on any resulting deficiency judgment. It often takes a bank years and years to complete a foreclosure. Sometimes foreclosures are filed, dismissed and then refiled years later. In most instances, the property owner loses...

N.C. Supreme Court Guts Lender Liability Claims

Banks have deep pockets and a tremendous amount of leverage. If you want to modify the terms of a loan, banks require borrowers to execute a loan modification agreement. Those agreements almost always contain language that says the borrowers waive all defenses they have against the bank. Is that...