We represent lenders, servicers and investors in both routine and complex mortgage and real property litigation. We are experienced in efficiently handling judicial foreclosures and suits on the note as well as more complicated lender liability and wrongful foreclosure defenses, Real Estate Settlement Procedures Act (RESPA) claims, fraud claims, unfair trade practices defenses, title disputes, REO contract disputes and bankruptcy litigation.
Representative Cases
- Defended a financial institution in a disputed foreclosure action. Plaintiff originally brought an action against the defendants in state court relating to the refinancing of his home mortgage. The defendants removed the action to federal court. The court determined that the plaintiff had failed to meaningfully prosecute his case and dismissed the action against the defendants.
- Defended multiple lender liability lawsuits based on sub-prime “Alt-A” mortgages, with plaintiffs alleging a right to rescission due to failure to provide proper notice of their right at closing, or substantive fraud, misrepresentation, and similar claims. Cases have been dismissed on motion to dismiss and on summary judgment. One plaintiff refiled essentially the same complaint on this day that summary judgment was granted; a motion to dismiss and for sanctions was pursued in response.
- Defended a large grocery wholesaler against a grocery retailer’s lender liability claim that the wholesaler breached a commitment to loan him an additional $2 million to expand and remodel his store and wrongfully repossessed his store, causing him to lose his business entirely. The retail grocer claimed $3.5 million of lost profits over the life of the 20-year lease he allegedly executed in reliance on the promise to lend, $500,000 for the residual value of his business at the end of his lease term, $500,000 for the loss of the stock he owned in the wholesaler, $500,000 for trade debt and lease-related expenses, and $1 million for emotional distress.
- Defense of a large grocery wholesaler against a grocery retailer’s lender liability claim that the wholesaler breached a commitment to loan an additional $2 million to expand and remodel his store and wrongfully repossessed his store. The retail grocer claimed $3.5 million of lost profits over the life of the 20-year lease he allegedly executed in reliance on the promise to lend, $500,000 for the residual value of his business at the end of his lease term, $500,000 for the loss of the stock he owned in the wholesaler, $500,000 for trade debt and lease-related expenses, and $1 million for emotional distress. The case was settled favorably following the development of unfavorable facts in discovery.
