Allegations of lender misconduct require a seasoned defense. We represent financial service providers in litigation alleging lender liability, wrongful foreclosure, negligent lending, breach of fiduciary duty, fraudulent inducement, and the other inventive causes of action that plaintiff’s attorney dream up. Many of these cases implicate duties under the UCC, particularly in areas involving negotiable instruments (Article 3), secured transactions (Article 9), and letters of credit (Article 5), and increasingly, electronic funds transfers governed by Article 4A. We defend clients against claims under federal and state consumer protection statutes, including the Fair Credit Reporting Act (FCRA), the Equal Credit Opportunity Act (ECOA), and the Fair Debt Collection Practices Act (FDCPA). In wrongful foreclosure cases, we ensure strict compliance with Texas Property Code §§ 51.002–.003 and argue for dismissal when procedural requirements have been met. Our deep understanding of common law and statutory lending principles helps us dismantle claims and protect lender reputations. We also assist in updating internal lending procedures to avoid liability exposure in future transactions.
