Lender Liability and Workouts Print This Page
Banks and other financial lenders face difficult challenges from the intense scrutiny and negative publicity brought on by the resurgence of commercial loan defaults and bankruptcies. Today, more than ever banks and other financial institutions need to be vigilant in guarding against possible financial loss due to claims of fraud, negligence, bad faith, breach of contract and fiduciary duty, tortious interference and other issues filed against them by borrowers' attempt to avoid their failing loan facilities or defaults. This often results in financial institutions being on the defensive when trying to collect on a defaulted credit.
From the onset of the relationship, prudent lenders need to take precautions to minimize their exposure to risk. Unfortunately, this can go against normal, customer service oriented business instincts. The attorneys of the Lender Liability and Workout Team at Obermayer know how banks work and how best to manage risks, analyze a lender’s practices and forms, as well as defend banks against lender liability related matters.
With Chair David Nasatir, head of the Obermayer’s Business & Finance Department and Vice Chair Nick Poduslenko, head of the Construction Litigation Group, Obermayer’s Lender Liability and Workout Team is comprised of a multi-disciplinary group of attorneys from areas including front end lending, workouts, real estate, litigation and construction law. Our team of seasoned attorneys represents large and small banks, as well as other lenders, in handling both workout and collection matters, as well as defending claims filed against them.