Ansa Assuncao attorneys represent select lending institutions in prosecuting mortgage foreclosure claims involving commercial real property, including the defense of associated lender liability allegations. We also represent select borrowers in commercial real property foreclosure cases and lender liability claims where the amount at issue exceeds $1 million.
Lender liability litigation typically includes claims for breach of fiduciary duty, promissory estoppel, breach of contract, or related statutory violations. The claims typically allege that the lender engaged in conduct that resulted in the failure of a project or undertaking by the borrower. Lender liability claims are oftentimes complex, both in terms of developing the facts and applying the relevant law. We have experience with these claims.
In the mortgage foreclosure context, we have experience dealing with assignment and legal standing issues, involving cases where multiple assignments of the loan documents have occurred and there are questions regarding the lending institution’s legal standing to pursue mortgage foreclosure and enforcement of the promissory note.
Our experience with mortgage foreclosures includes addressing the enforceability of loan documents when the original promissory note has been lost or destroyed, thereby preventing the lending institution from proving it is the holder of the note. We have also handled cases involving the assignment of loan documents through the process of FDIC receivership, which results in the litigation of issues related to the D’Oench Duhme doctrine. We also have experience with deficiency judgment proceedings, both on behalf of borrowers and lenders.