In real estate disputes, the relationship between the bank and the borrower is typically considered that of debtor and creditor. However, in some cases it can be a fiduciary relationship. In a recent case I handled, the bank interfered with the borrower’s control over selling its real estate from a development project that was funded by a bank loan. The bank moved for summary judgment and we submitted an opposing brief. Here is an excerpt. Read more

n collection cases involving secured debt, a court may preclude judgment if the plaintiff did not properly notify or dispose of the collateral in a commercially reasonable manner. In one of my recent cases where I opposed a lender’s motion for summary judgment, I cited this requirement in our opposing brief: Read more

Here is a case that sums up the risk a lender faces when its notice of default is defective. The guarantor might be “off the hook.” Read more