LENDER LIABILITY & WORKOUT LITIGATION
As a result of the recent financial crises and general downturn in the U.S. economy, borrowers are attempting to assert defenses and affirmative claims against their lenders with increasing frequency. Our attorneys are experienced in providing a thorough and comprehensive strategy to defend banks, credit card issuers, and financial institutions against such defenses and claims, and to manage risk through creative workout solutions.
We are fully familiar with the panoply of legal theories utilized by borrowers in an attempt to avoid repayment of their financial obligations, including traditional theories of breach of the covenant of good faith and fair dealing, breach of fiduciary duty, negligent misrepresentation, and fraud, and some of the more newly minted theories, such as "robo-signing" and loan securitization. We provide a comprehensive defense to lenders faced with these and other lender liability issues in both a litigation setting, as well as in the preventative context of formulating legal strategies to manage and mitigate potential future exposure arising out of our clients’ lending practices.