Lender Liability

The Firm represents businesses and individuals in disputes with financial institutions.

COREN | RESS has won cases  against lenders found to have exercised excessive control over a borrower’s affairs, engaged in inequitable or fraudulent conduct and engaged in conduct proscribed by applicable federal or state laws. Through the Firm’s efforts, lenders have been held liable to borrowers or third parties for damages or penalties, equitable subordination of the lender’s claims and avoidance of the lenders’ claims in their entirety.

Representative Cases

Busy Bee, Inc. v. Wachovia Bank, NA

Recovered a $24 million judgment, including a $7 million punitive damage award, against a national bank on lender-liability claims for breach of contract, breach of fiduciary duty, and misrepresentation.

O’Neill v. Citizens Bank, NA

COREN | RESS represented a developer in an eight-figure dispute with its lender that threatened to derail a multi-million dollar development and put the developer out of business. The dispute was resolved, the development was completed and the developer remains in business.

O’Halloran v. Prudential Savings Bank

Recovered more than $8 million on behalf of a chapter 11 trustee against the debtor’s former lender, avoided lender liens and subordinated lender claims.