LENDER LITIGATION

Predatory lending can put well-meaning people into a vicious cycle that makes it nearly impossible to make ends meet. From pursuing a mortgage or accepting an offer that was engineered to fail which results in so many Americans pain and hardship.

Typically, lender liability claims arise when a financial institution or fiduciary violates a duty of good faith or fair dealing to its customer – borrower or has assumed such a degree of control over the borrower that it assumes a fiduciary duty. Lenders can be subject to borrower litigation under a variety of legal claims usually involving breach of contract and/or fraud.

Deals go wrong, but it is unfair if the deal was drafted in a way to take advantage of law-abiding citizens. Buying a home or conducting business is a very complicated process and both parties need to assure that deal making is conducted truthfully and transparently.

Our lender litigation practice includes but is not limited to representation of residential and commercial borrowers with the following issues:

• The foreclosing lender does not own the mortgage and has no right to foreclose
• The lender failed to comply with federal regulations when closing the loan
• The lender failed to foreclose in accordance with California law
• The lender engaged in predatory lending practices, lending money when it knew the borrower could not afford the loan
• The lender exercises excessive control over the borrower’s business and is liable for the borrower’s actions
• The lender commits fraudulent acts in connection with originating or servicing the loan
• The lender participates in a borrower’s fraud
• The lender fails to act in good faith or fairly as required by the Uniform Commercial Code (UCC)

Trujillo & Winnick LLP has years of experience and fighting for Borrower regarding wrongful lending practices.

We want to protect you from abusive and unfair practices that debt collectors implement in order to intimate you. We want to bring forth the best options so that you avoid foreclosure, win your dispute, or successfully settle your case.

We will implement our experience to assure that high risk deals are taken care of fairly and bring justice to those who manipulate the financial and legal system.