Home > Practice Areas > Banking Law Practice   Banking Law Practice <  BACK TO PRACTICE AREAS WFB&M's banking law practice includes a broad range of matters handled on behalf of financial institutions. Specific types of services members of firm have performed and samples of cases handled are listed below. PHILOSOPHY We are critically aware of the goal of the financial institutions we represent to maximize the benefit obtained while minimizing the cost to achieve the benefit. We emphasize an early and thorough investigation of the facts and circumstances facing the client, with an emphasis toward a legal approach that stresses sound business judgment. More important than anything else, we believe an early, honest, thorough evaluation of each matter must be made to avoid throwing good money after bad. DOCUMENTATION • Preparation of work out documentation POST-FORECLOSURE/BANKRUPTCY • Lender/Creditor bankruptcy matters including non-dischargeability actions and relief from stay motions • Post-foreclosure eviction litigation CONSUMER CREDIT LITIGATION DEFENSE • Defense of Lenders, Credit Card Issuers and other issuers of credit in consumer actions alleging violations of state and federal debt collection laws, violation of unfair business practices, violations of state and federal credit reporting laws and related common law claims GENERAL LITIGATION • Practice in California State and Federal Courts • Contractual or consensual arbitration and mediation • All forms of collection actions including writs of attachment, receiverships and judicial foreclosures • Loan fraud - pursuit of borrowers who have fraudulently misrepresented their financial status in order to obtain loans • OREO litigation - defense of banks on claims of fraud in the sale of OREO, environmental issues relating to contaminated real property (see Environmental Practice Area information) • Operational litigation including forgeries, wrongful dishonor, customer bookkeeper dishonesty • Defense of discrimination actions • Defense of cases alleging fraud in the inducement, and breach of contract • Representation of construction lenders in wrongful disbursement cases • Defense of bank directors and officers POST JUDGMENT WORK UP • Judgment Debtor Examinations (ORAPs), Abstracts, J-l filings, fraudulent transfer actions SAMPLING OF LITIGATION (Names of specific financial institution clients have been removed to protect client confidentiality. More information is available upon request.) SECURITY PACIFIC MORTGAGE v. Glasco Obtained $1.24 million judgment against defendants in a loan fraud action; $1 million in punitive damages awarded by jury. Fischer v. FINANCIAL INSTITUTION Lender liability case involving the sale of REO property and alleged fraud regarding the size and fair market value of the property. Jury Verdict following a six day trial in favor of Defendant bank and selling agent. Financial Institution v. FINANCIAL INSTITUTION Lender liability action brought by participating banks alleging negligence in the lead bank's handling of a mixed collateral participation loan. Thirteen day non-jury trial resulting in judgment in favor of participants. Jasik v. FINANCIAL INSTITUTION AND ITS CHAIRMAN Lender liability action alleging misrepresentations by the bank's Chairman of the Board regarding whether the bank would permit plaintiff to assume the obligation to the bank that the purchaser of his business undertook at the time of the sale of the business. Jury verdict in favor of defendants after two and one half day trial. Vista v. FINANCIAL INSTITUTION Lender liability action regarding construction loan and bank's obligation to oversee construction. Court judgment for defendant after fifteen day trial. Rose v. FINANCIAL INSTITUTION Lender liability (operations) case alleging forged endorsement on an insurance draft. Judgment for defendant after five day court trial. Mendoza v. FINANCIAL INSTITUTION Lender Liability action alleging wrongful failure to renew line of credit, wrongful foreclosure. Nonsuit granted after two days of trial at the close of plaintiff's case. Lee v. FINANCIAL INSTITUTION Lender Liability case alleging wrongful foreclosure and fraud. Case dismissed during pre-trial based on motions in limine filed on behalf of client. Appellate court upheld dismissal. Los Angeles Engineering v. FINANCIAL INSTITUTION Lender liability (operations) case alleging breach of implied contract and negligence relating to the activities of a dishonest bookkeeper. Defense verdict after three day court trial. ADDITIONAL RESULTS In addition to the results shown above, the attorneys in the office have handled hundreds of litigation matters that have resulted in stipulations for entry of judgment which provide for payment over varying periods of time. Additional samples of cases handled by members of the firm are found in the firm's Trial Practice Resume. | BACK TO TOP |   <  BACK TO PRACTICE AREAS Copyright © 2004 WFB&M, LLP | Disclaimer | Privacy Policy