Lender Liability Defense Group

Listed by U.S. News and World Report's Best Lawyers in America (2010) as one of the top firms in the West for lending, real estate, bankruptcy, and financial institutions law, Ryley Carlock & Applewhite's litigation approach in lender liability cases benefits from and reflects the firm's substantial industry knowledge. We know how banks work, we know how to help you manage your risks, and when necessary we know how to defend you in court to achieve successful, cost-effective results.

As a result of an unprecedented number of loan defaults, banks and other lenders face close scrutiny in this challenging environment with respect to their loan documentation and relationships with borrowers, who often look to halt foreclosures and even seek damages against the lenders through alleging aggressive claims and counterclaims. These claims can include allegations such as:
  • Breach of the covenant of good faith and fair dealing
  • Breach of fiduciary duty
  • Negligent misrepresentation
  • Fraud
  • An array of alleged violations of federal and state statutes

Drawing on the extensive transactional and loan enforcement expertise of Ryley Carlock & Applewhite's experienced banking, creditors' rights and real estate lawyers, our firm's litigators know how to defend your bank or other financial institution against these and other types of lender liability claims. In addition to our comprehensive knowledge of the loan workout and enforcement process, our litigators' historical experience includes defending financial institutions in the early 1990's in the savings and loan crisis and earlier. Now, in the current environment, our litigators have experience in defending banks against not only the types of claims seen in the past, but against newer claims based on allegations relating to "robo-signing" and mortgage securitization.

Our attorneys know how to handle the modern discovery pitfalls facing banks and other lenders involving e-discovery, and we know how to process the ever-growing demands regarding document reviews in a cost-effective manner leveraging technology through our cutting-edge Document Control Group. We know how to position your case for settlement where appropriate, we know how to keep the case focused and how to narrow the issues through dispositive motions, and when necessary, we know how to take your case to trial with effective presentations to judges and juries.

Our experience includes successfully defending a bank client against a $100 million lender liability case, as well as numerous other cases ranging from "bet-the-company" cases to smaller claims. We take every case seriously, and leverage our knowledge of all aspects of lending to represent our clients aggressively and cost-effectively.

Equally if not more important, by combining our in-depth knowledge gained from working closely with our banking clients, our litigators and banking lawyers know what practical steps you can take to mitigate the risks of encountering lender liability claims when enforcing your loans against defaulting borrowers.

If you are facing a potential lender liability claim, or would like to take advantage of our experience to learn practical ways to mitigate or manage your risks in the loan enforcement workout or enforcement process, please contact us for further information and an initial consultation.

Please contact Fred Bellamy for more information.

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